TERMS & CONDITIONS
1. DEFINITIONS
In these Terms & Conditions:
• Acceptance Period means the review period described in clause 3.4.
• Change Order means a written and signed request to change an agreed Estimation, initiated by either the Client or Project Tuesday.
• Project Tuesday means Project Tuesday Productions and its directors, employees, contractors, affiliates, and service providers.
• Client Works means creative works produced specifically for the Client under an Estimation, excluding any Project Tuesday owned materials or pre-existing intellectual property.
• Confidential Information means any non-public business, technical, financial, or creative information shared between the parties, whether marked confidential or not.
• Copyright Limitation means any agreed restriction on how, where, or for how long copyright may be used.
• Deliverables means the specific items Project Tuesday agrees to deliver under an Estimation, excluding Project Tuesday owned materials.
• Error means a repeatable defect caused directly by Project Tuesday’s work.
• Estimation means a written description of the Services and Deliverables to be provided.
• Host means the party responsible for hosting or distributing Deliverables online.
• Information means any content supplied by the Client for use in the Services.
• Intellectual Property Rights means all copyright, trademarks, designs, patents, trade secrets, and related rights worldwide.
• RAW Footage means unedited original footage recorded by Project Tuesday.
• Services means the services provided by Project Tuesday as set out in an Estimation or Change Order.
• Third Party Works means third-party materials incorporated into Deliverables.
• Warranty Period means the period described in clause 7.3.
Unless stated otherwise, singular includes plural, headings are for convenience only, and references include any part of the referenced item.
2. SERVICES
2.1 Performance of Services
Project Tuesday will provide the Services and Deliverables outlined in an approved Estimation in exchange for payment of the agreed fees. Any work outside the agreed scope requires a signed Change Order or new Estimation.
2.2 Client Obligations
The Client must:
• Provide all required materials and information on time
• Appoint an authorised representative to approve Deliverables
• Log and report errors if the Client is hosting the Deliverables
• Obtain permissions for any third-party links or content
2.3 Changes
Any material change to scope, specifications, or schedule must be submitted in writing. Project Tuesday may adjust pricing and timelines accordingly. Delays caused by Change Orders are not a breach of this agreement.
2.4 Third Party Contractors
Project Tuesday may use subcontractors but remains responsible for delivery. The Client must not contact subcontractors directly without written approval.
2.5 Client Modifications
Project Tuesday is not responsible for any changes made by the Client or third parties not engaged by Project Tuesday.
2.1 Performance of Services
Project Tuesday will provide the Services and Deliverables outlined in an approved Estimation in exchange for payment of the agreed fees. Any work outside the agreed scope requires a signed Change Order or new Estimation.
2.2 Client Obligations
The Client must:
• Provide all required materials and information on time
• Appoint an authorised representative to approve Deliverables
• Log and report errors if the Client is hosting the Deliverables
• Obtain permissions for any third-party links or content
2.3 Changes
Any material change to scope, specifications, or schedule must be submitted in writing. Project Tuesday may adjust pricing and timelines accordingly. Delays caused by Change Orders are not a breach of this agreement.
2.4 Third Party Contractors
Project Tuesday may use subcontractors but remains responsible for delivery. The Client must not contact subcontractors directly without written approval.
2.5 Client Modifications
Project Tuesday is not responsible for any changes made by the Client or third parties not engaged by Project Tuesday.
3. DELIVERY & ACCEPTANCE
3.1 Delivery & Format
Project Tuesday will use reasonable efforts to meet agreed timelines, subject to Client cooperation and payment.
• Photography is delivered as JPEG files
• Video/Animation is delivered as MP4 files
• Additional formats or RAW footage are treated as extra Deliverables and require a new Estimation
• Animation projects remain the intellectual property of Project Tuesday unless agreed otherwise
3.2 Limitations
Project Tuesday is not responsible for upgrades, third-party software updates, or hosting infrastructure beyond the agreed scope.
3.3 Client Delays
If delays are caused by the Client, timelines will be adjusted accordingly.
3.4 Acceptance
The Client has seven (7) days to review Deliverables. If no written feedback is provided within this period, the Deliverables are deemed accepted.
3.5 Corrections & Artistic Licence
Project Tuesday will correct agreed material issues. Creative decisions involving editing and interpretation remain at Project Tuesday’s discretion.
3.1 Delivery & Format
Project Tuesday will use reasonable efforts to meet agreed timelines, subject to Client cooperation and payment.
• Photography is delivered as JPEG files
• Video/Animation is delivered as MP4 files
• Additional formats or RAW footage are treated as extra Deliverables and require a new Estimation
• Animation projects remain the intellectual property of Project Tuesday unless agreed otherwise
3.2 Limitations
Project Tuesday is not responsible for upgrades, third-party software updates, or hosting infrastructure beyond the agreed scope.
3.3 Client Delays
If delays are caused by the Client, timelines will be adjusted accordingly.
3.4 Acceptance
The Client has seven (7) days to review Deliverables. If no written feedback is provided within this period, the Deliverables are deemed accepted.
3.5 Corrections & Artistic Licence
Project Tuesday will correct agreed material issues. Creative decisions involving editing and interpretation remain at Project Tuesday’s discretion.
4. PAYMENT & CANCELLATION
4.1 Fees
Fees are payable as outlined in the Estimation. Failure to pay may result in suspension or termination of Services.
4.2 Expenses
The Client agrees to reimburse reasonable out-of-pocket expenses incurred during production.
4.3 Taxes & GST
All fees are exclusive of GST unless stated otherwise. Valid tax invoices will be provided in accordance with Australian law.
4.4 Cancellation
• More than 48 hours before production: 50% of the agreed fee
• Within 48 hours of production: 100% of the agreed fee
• Cancellation after work has commenced: 100% payable
4.1 Fees
Fees are payable as outlined in the Estimation. Failure to pay may result in suspension or termination of Services.
4.2 Expenses
The Client agrees to reimburse reasonable out-of-pocket expenses incurred during production.
4.3 Taxes & GST
All fees are exclusive of GST unless stated otherwise. Valid tax invoices will be provided in accordance with Australian law.
4.4 Cancellation
• More than 48 hours before production: 50% of the agreed fee
• Within 48 hours of production: 100% of the agreed fee
• Cancellation after work has commenced: 100% payable
5. OWNERSHIP & LICENSING
5.1 Ownership
Upon full payment, copyright in Client Works is assigned to the Client, subject to any agreed usage limitations.
Project Tuesday retains ownership of all pre-existing materials, tools, methods, and systems.
5.2 Licences
The Client receives a non-exclusive licence to use Project Tuesday materials only as required to operate the Deliverables.
5.3 Client Materials
The Client grants Project Tuesday permission to use supplied materials solely to perform the Services.
5.4 Third Party Works
The Client is responsible for obtaining licences for third-party materials used in Deliverables.
5.1 Ownership
Upon full payment, copyright in Client Works is assigned to the Client, subject to any agreed usage limitations.
Project Tuesday retains ownership of all pre-existing materials, tools, methods, and systems.
5.2 Licences
The Client receives a non-exclusive licence to use Project Tuesday materials only as required to operate the Deliverables.
5.3 Client Materials
The Client grants Project Tuesday permission to use supplied materials solely to perform the Services.
5.4 Third Party Works
The Client is responsible for obtaining licences for third-party materials used in Deliverables.
6. TRADEMARKS & CREDIT
Each party retains ownership of its own trademarks.
Project Tuesday may display completed work for promotional purposes unless agreed otherwise.
The Client may credit Project Tuesday where appropriate.
Each party retains ownership of its own trademarks.
Project Tuesday may display completed work for promotional purposes unless agreed otherwise.
The Client may credit Project Tuesday where appropriate.
7. WARRANTIES, LIABILITY & INDEMNITIES
Project Tuesday warrants that Services will be performed professionally and that Deliverables will function as specified for 30 days after acceptance.
Liability is limited to resupplying the Services or the fees paid.
Neither party is liable for indirect or consequential losses.
Each party indemnifies the other for breaches of these Terms or misuse of materials supplied.
Project Tuesday warrants that Services will be performed professionally and that Deliverables will function as specified for 30 days after acceptance.
Liability is limited to resupplying the Services or the fees paid.
Neither party is liable for indirect or consequential losses.
Each party indemnifies the other for breaches of these Terms or misuse of materials supplied.
8. CONFIDENTIALITY
Both parties agree to keep Confidential Information private unless disclosure is legally required or the information is already public.
Both parties agree to keep Confidential Information private unless disclosure is legally required or the information is already public.
9. TERM & TERMINATION
The agreement begins upon Estimation approval and ends once Deliverables are accepted and paid in full.
Either party may terminate for material breach or insolvency, subject to notice and cure periods.
Certain clauses survive termination, including payment, IP, confidentiality, and liability.
The agreement begins upon Estimation approval and ends once Deliverables are accepted and paid in full.
Either party may terminate for material breach or insolvency, subject to notice and cure periods.
Certain clauses survive termination, including payment, IP, confidentiality, and liability.
10. MISCELLANEOUS
10.1 Independent Contractor
Project Tuesday acts as an independent contractor. Nothing in this agreement creates a partnership, joint venture, employment, or agency relationship between the parties. Neither party has authority to bind the other or make representations on the other’s behalf.
10.2 Force Majeure
Neither party will be liable for failure or delay in performing its obligations (other than payment obligations) where such failure or delay is caused by events beyond reasonable control. These events include, but are not limited to, natural disasters, fire, flood, pandemic or endemic events, government restrictions, power failures, equipment failure, labour disputes, or transportation disruptions.
Where a force majeure event occurs, timelines will be extended for the duration of the event and any reasonable recovery period.
10.3 Non-Solicitation
During the term of this agreement and for twelve (12) months after its termination, the Client must not directly or indirectly solicit, hire, or engage any employee, director, officer, or contractor of Project Tuesday who was involved in the Services, without Project Tuesday’s prior written consent.
10.4 Notices
Any notice under this agreement must be provided in writing and delivered personally or sent by email or overnight courier to the most recent contact details provided by the receiving party.
Notices are deemed received:
• If delivered personally: on delivery
• If sent by email: on the next business day
• If sent by courier: one (1) business day after dispatch
10.5 Severability
If any provision of this agreement is found to be invalid or unenforceable by a court of competent jurisdiction, that provision will be severed and the remaining provisions will remain in full force and effect.
10.6 Entire Agreement
This agreement, together with any approved Estimation, Change Order, or Client Production Agreement, constitutes the entire agreement between the parties and supersedes all prior discussions, negotiations, and agreements. Any amendment must be in writing and signed by both parties.
10.7 Governing Law & Jurisdiction
This agreement is governed by the laws of New South Wales, Australia. Each party submits to the exclusive jurisdiction of the courts of New South Wales in relation to any dispute arising under this agreement.
10.8 Waiver
A waiver of any right under this agreement must be in writing and signed by the party granting the waiver. A waiver in one instance does not operate as a waiver of any subsequent breach.
10.9 Counterparts
This agreement may be executed in counterparts, including electronic copies, each of which is deemed an original and together constitute one agreement.
10.10 Assignment
Neither party may assign or transfer this agreement without the prior written consent of the other party, except where the agreement is transferred as part of a merger, sale of assets, or business restructure.
10.11 Pandemic / Endemic Conditions
The Client acknowledges that pandemics, endemics, or government-mandated restrictions may impact Project Tuesday’s ability to deliver Services. Project Tuesday will use reasonable efforts to continue delivery, but any additional costs incurred as a result of such conditions may be charged to the Client, provided those costs are reasonable and communicated.
10.12 Acceptance of Terms
By engaging Project Tuesday to provide Services, the Client confirms that it has read, understood, and agrees to be bound by these Terms & Conditions.
10.1 Independent Contractor
Project Tuesday acts as an independent contractor. Nothing in this agreement creates a partnership, joint venture, employment, or agency relationship between the parties. Neither party has authority to bind the other or make representations on the other’s behalf.
10.2 Force Majeure
Neither party will be liable for failure or delay in performing its obligations (other than payment obligations) where such failure or delay is caused by events beyond reasonable control. These events include, but are not limited to, natural disasters, fire, flood, pandemic or endemic events, government restrictions, power failures, equipment failure, labour disputes, or transportation disruptions.
Where a force majeure event occurs, timelines will be extended for the duration of the event and any reasonable recovery period.
10.3 Non-Solicitation
During the term of this agreement and for twelve (12) months after its termination, the Client must not directly or indirectly solicit, hire, or engage any employee, director, officer, or contractor of Project Tuesday who was involved in the Services, without Project Tuesday’s prior written consent.
10.4 Notices
Any notice under this agreement must be provided in writing and delivered personally or sent by email or overnight courier to the most recent contact details provided by the receiving party.
Notices are deemed received:
• If delivered personally: on delivery
• If sent by email: on the next business day
• If sent by courier: one (1) business day after dispatch
10.5 Severability
If any provision of this agreement is found to be invalid or unenforceable by a court of competent jurisdiction, that provision will be severed and the remaining provisions will remain in full force and effect.
10.6 Entire Agreement
This agreement, together with any approved Estimation, Change Order, or Client Production Agreement, constitutes the entire agreement between the parties and supersedes all prior discussions, negotiations, and agreements. Any amendment must be in writing and signed by both parties.
10.7 Governing Law & Jurisdiction
This agreement is governed by the laws of New South Wales, Australia. Each party submits to the exclusive jurisdiction of the courts of New South Wales in relation to any dispute arising under this agreement.
10.8 Waiver
A waiver of any right under this agreement must be in writing and signed by the party granting the waiver. A waiver in one instance does not operate as a waiver of any subsequent breach.
10.9 Counterparts
This agreement may be executed in counterparts, including electronic copies, each of which is deemed an original and together constitute one agreement.
10.10 Assignment
Neither party may assign or transfer this agreement without the prior written consent of the other party, except where the agreement is transferred as part of a merger, sale of assets, or business restructure.
10.11 Pandemic / Endemic Conditions
The Client acknowledges that pandemics, endemics, or government-mandated restrictions may impact Project Tuesday’s ability to deliver Services. Project Tuesday will use reasonable efforts to continue delivery, but any additional costs incurred as a result of such conditions may be charged to the Client, provided those costs are reasonable and communicated.
10.12 Acceptance of Terms
By engaging Project Tuesday to provide Services, the Client confirms that it has read, understood, and agrees to be bound by these Terms & Conditions.