These Client Terms apply to services supplied by Exposure Agency Pty Ltd ("Exposure", "we", "us" or "our") to the person or business purchasing those services ("Client", "you" or "your").
By completing checkout, accepting a proposal or otherwise engaging Exposure, you agree to these Terms and confirm that you are authorised to bind the Client.
1. Your Order
Your Stripe checkout, proposal, quote or other written order sets out the specific services you are purchasing, including your package, deliverables, fees and billing frequency.
Your order and these Terms together form the agreement between you and Exposure.
If there is a conflict, the specific commercial details shown in your order prevail.
2. Services
Exposure provides creative strategy, concept development, scriptwriting, creator sourcing and management, video production, static and motion design, editing, post-production and related creative services.
Only the services expressly included in your order are included in the fee.
Anything outside the agreed scope, including additional concepts, versions, revision rounds, rush work or material changes in direction, may be quoted separately.
Unless expressly included, Exposure is not responsible for media buying, advertising spend, campaign management, website performance, tracking, legal review or regulatory advice.
Exposure may use AI-assisted tools, automation, third-party software and internal production systems as part of its workflow, provided this does not materially reduce the agreed services or deliverables.
3. Minimum Term and Renewal
Where your order states a three-month minimum term, you commit to three consecutive monthly billing periods.
After the minimum term, services continue automatically on a monthly basis until cancelled in accordance with these Terms.
Cancellation during the minimum term does not release you from fees committed for that minimum term, except where required by law or where Exposure has materially breached the agreement and failed to remedy that breach.
4. Cancellation
After the minimum term, either party may cancel recurring services with at least 30 days' written notice.
Cancellation takes effect at the end of the monthly billing period in which the 30-day notice period expires.
Any monthly billing period that begins before cancellation takes effect remains payable in full.
To finish at the end of the initial three-month minimum term, written notice must be received at least 30 days before the end of the third monthly billing period.
Cancellation requests must be made in writing.
5. Fees and Payment
Fees are charged monthly in advance and are exclusive of GST unless stated otherwise.
By providing a payment method, you authorise Exposure and its payment provider to automatically charge amounts due under your order on the relevant billing dates.
You must maintain a valid payment method while services remain active.
If payment fails or becomes overdue, Exposure may retry the payment and suspend work until payment is received.
A suspension caused by non-payment does not pause or extend a billing period, minimum term or billing date.
Fees for a billing period that has already started are non-refundable except where required by law.
You must raise any genuine billing dispute promptly and give Exposure a reasonable opportunity to investigate it before initiating a chargeback or payment reversal.
6. Core Deliverables
Where your order identifies deliverables as Core, those deliverables require Client approval.
Unless otherwise agreed, the Client must provide one consolidated set of written feedback within two business days of receiving an item for review.
If feedback is not received within that period, the relevant item is treated as approved and Exposure may continue production.
One reasonable consolidated revision round is included for each primary Core deliverable unless your order states otherwise.
Revisions must remain within the approved brief, concept and creative direction.
7. Blitz Deliverables
Where your order identifies deliverables as Blitz, they are produced without Client pre-approval and do not include Client revision rounds.
Exposure uses its own internal creative review and quality assurance process before delivery.
Exposure will correct a clear factual or production error caused by Exposure at no additional cost.
Stylistic preferences, copy rewrites, new creative directions and other preference-based changes are outside scope and may be quoted separately.
The Client agrees that Blitz deliverables cannot be rejected solely because the Client would have preferred a different creative approach.
8. Client Responsibilities and Delays
The Client must provide the assets, information, access, products, approvals and feedback reasonably required for Exposure to perform the services.
A Client delay includes late or incomplete information, assets, access, products, approvals, feedback or payment, as well as changes to an approved direction that materially affect production.
Client-caused delays do not pause or extend the monthly billing period, change the billing date or create an automatic credit.
Where a Client delay affects production, Exposure may reasonably adjust timelines, re-sequence work, prioritise remaining work or reduce affected output to reflect production capacity lost.
Unused production capacity caused by a Client delay does not automatically carry forward into another month.
Where a delay is caused by Exposure, we will complete the affected agreed work without charging an additional agency fee.
9. Creators
Exposure manages creator sourcing, recommendation and production.
Where your order specifies a creator range, Exposure will use reasonable efforts to work within that range, subject to creator availability, suitability, product logistics and production requirements.
Exposure may replace a creator who becomes unavailable or unsuitable with a reasonably comparable alternative.
No specific creator is guaranteed unless expressly agreed in writing.
A reshoot required because of an Exposure or Exposure-managed creator production error will be arranged at no additional agency fee.
A reshoot caused by changed Client instructions, incorrect information, late or incorrect products, a changed offer or another matter outside the approved brief may be quoted separately.
10. Intellectual Property and Usage
The Client retains ownership of materials supplied to Exposure and grants Exposure permission to use those materials as reasonably necessary to perform the services.
Once all relevant fees have been paid in full, the Client may use final deliverables created specifically for it for its own business and advertising purposes, subject to any creator, music, stock, platform or other third-party usage restrictions.
Exposure retains ownership of its internal systems, methods, templates, workflows, prompts, frameworks, tools and know-how.
Raw creator footage is included only where expressly stated in your order.
Editable project files, source files, working files, rejected concepts, unused scripts and internal production files are not included unless expressly agreed in writing.
Third-party materials remain subject to their applicable licences and usage restrictions.
11. Client Materials and Claims
The Client is responsible for the accuracy, legality and substantiation of information, claims, prices, offers and materials supplied to or approved for use by Exposure.
The Client confirms that it has the necessary rights and permissions for materials it supplies.
Exposure does not provide legal, medical, financial or regulatory advice.
Exposure may refuse to produce material it reasonably believes is unlawful, misleading, unsubstantiated or likely to infringe another person's rights.
12. Results and Advertising Platforms
Exposure will perform the services with due care and skill.
Advertising results depend on factors outside Exposure's control, including the Client's product, offer, pricing, website, media buying, targeting, tracking, competition and market conditions.
Unless expressly agreed in writing, Exposure does not guarantee ROAS, revenue, sales, CPA, conversion rate, impressions, clicks or any other commercial result.
Exposure is not responsible for decisions by Meta, TikTok, Google or another third-party platform to reject, restrict, suspend or remove an advertisement, account or feature.
13. Portfolio Use
Unless the Client opts out in writing before first publication, Exposure may use the Client's name, logo, final deliverables and non-confidential performance results in its website, portfolio, social media, case studies, pitch decks, award entries and similar promotional material.
14. Confidentiality and Privacy
Each party must keep the other party's confidential information confidential and use it only for purposes connected with the services.
Each party must take reasonable steps to protect confidential information and comply with applicable privacy laws.
15. Non-Solicitation
During an active engagement and for 12 months after it ends, the Client must not knowingly circumvent Exposure by directly employing or engaging a creator, editor, designer, strategist, employee or contractor introduced by Exposure and materially involved in the Client's services.
This restriction does not apply where the Client can demonstrate that a direct relationship existed before Exposure's introduction.
Exposure may approve a direct engagement in writing.
Unless otherwise agreed, a fee of AUD $5,000 plus GST applies for each person directly engaged during the restricted period as a reasonable contribution to Exposure's sourcing, onboarding and replacement costs.
16. Liability
Nothing in these Terms excludes, restricts or modifies rights or guarantees that cannot legally be excluded, including applicable rights under the Australian Consumer Law.
To the maximum extent permitted by law, Exposure is not liable for indirect, special or consequential loss, including loss of profit, revenue, opportunity, goodwill or anticipated savings.
To the maximum extent permitted by law, Exposure's total aggregate liability arising from an order is limited to the fees paid or payable by the Client under that order during the six months immediately before the event giving rise to the claim.
If the order has been active for less than six months, the cap is the fees paid or payable from commencement to the relevant event.
These limits do not apply to fraud, wilful misconduct or liability that cannot lawfully be limited.
17. Suspension and Termination
Exposure may suspend services for overdue payment, material Client delays, unlawful instructions or another material breach of these Terms.
Either party may terminate the affected services for material breach if the other party does not remedy that breach within five business days after receiving written notice.
Exposure may terminate immediately, to the extent permitted by law, for fraud, unlawful conduct, serious abuse or harassment, or repeated payment default.
Termination does not remove payment obligations that arose before termination or amounts committed during an applicable minimum term.
18. Events Outside Reasonable Control
Neither party is responsible for delay or failure caused by events outside its reasonable control, including natural disasters, government action, major platform outages, infrastructure failures or widespread internet outages.
The affected party must take reasonable steps to minimise the impact.
19. Governing Law and Disputes
These Terms and each order are governed by the laws of New South Wales, Australia.
Before commencing court proceedings, both parties must first attempt in good faith to resolve the dispute directly.
This does not prevent either party from seeking urgent relief or recovering an undisputed debt.
20. Changes to These Terms
Exposure may update these Terms from time to time.
Changes will not retrospectively alter the price, minimum commitment or other commercial terms of an existing order unless agreed with the Client.
The version of these Terms accepted when an order is placed applies to that order unless otherwise agreed in writing.
21. Contact
Exposure Agency Pty Ltd
ABN 19 675 173 396
gabe@exposure.com.au
exposure.com.au