Please take time to carefully read through our standard Terms and Conditions (T&Cs) and ensure you understand them. By commencing work with us, you agree to the T&Cs that have been created to protect both you as a client and us as a supplier.
The T&Cs contained in this document apply to all individuals or companies engaging the services of The Being Group, unless otherwise agreed to in writing by both parties. If you have any questions prior to the commencement of your project, please email our Principal and Co-Founder, Kerry Neethling, at: [email protected]
Our overarching approach
At The Being Group, we pride ourselves on open communication and full transparency with our clients throughout any engagement — from initial briefing right through to final delivery. We work closely with you to deliver the best results, and your success is our joy.
We apply the same philosophy to our T&Cs, seeking out a clear, mutual agreement from commencement that is beneficial for both parties. The commercial reality is that our T&Cs are key to long-term sustainability, but we do remain flexible. The following T&Cs are general in nature, and we are happy to shape them to best suit your unique situation.
About this document
To ensure this document is easy to read and understand, we have detailed T&Cs in the context of a typical project’s lifecycle. Some clauses are general, while others apply to only some of our services. This distinction will be made clear throughout.
General conditions of contract
These T&Cs cover all contracts entered into by you as the “Client” with The Being Group for any service. More details about our services are available on our website.
1. Client Briefing
You (as the Client) will:
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General
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- Provide briefing documents via email or digital forms. Information needs to be complete and accurate. We will not take responsibility for omissions and/or errors caused by misinterpretation or missing information from verbal interactions.
- For large projects, carefully review the “back brief” we provide you with. To mitigate any risk of misinterpretation, it is important that you provide all mandatory information, assets, messaging and/or elements outlined. For simpler projects, most questions will be handled with a follow-up email or call.
- Provide any other relevant assets (e.g., images, photos and text) prior to project commencement where possible. If requested, we can determine an alternative solution for you. In all cases, we will recommend the ideal format for all required assets at the outset.
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- Provide existing logos (if any) in Adobe Illustrator or EPS formats, where possible. If logos are supplied in JPG format, or if they contain pixels, these may need to be retraced for quality reproduction standards and may incur an additional fee.
- Provide image assets in a digital format, with large, high-resolution file sizes (i.e., 300 DPI or more) required for images. If required, a scanning fee and/or stock image search and purchase fee may be applicable.
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2. Scoping and Quoting
You (as the Client) note that:
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General
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Standard Quotes
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- Our quotes are valid for 15 business days, unless otherwise specified. Quotes will specify the scope and rounds of changes available to the services we provide to you, with out-of-scope requests and rounds of changes to be quoted and charged additionally as required.
- All fees on quotes and invoices are provided in AUD with 10% GST indicated for Australia-based clients, and in GBP with 20% VAT indicated for UK-based clients. Our quoting method is based on the type and scope of each client’s project, and the estimated number of hours it will take our teams to complete and manage the work.
- Quotes and cost estimates may be open to negotiation prior to job confirmation. We reserve the right to offer free or pro bono services at our own discretion.
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Specific
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Cost Estimates
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- Our “from” prices and any other cost estimates shared with you prior to the confirmation of detailed requirements are indicative only.
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Travel Fees
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- Indicative travel costs are estimates only. These may fluctuate depending on final travel dates and requirements due to fuel prices, seasonality and airline availability. If travel fees quoted are fixed in a budget or included, this will be specified to you.
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Third Party Supplier Fees
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- Out of pocket expenses anticipated to be incurred by The Being Group in engaging third party suppliers for your project will be included in our quotes and may be subject to a markup to cover supplier sourcing and management time. Should this occur, you will always be notified beforehand.
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Accepting Quotes
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Our preference is always to confirm project scope and cost approval via email.
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Once Client consent is received in writing, an agreed upon deposit invoice will be issued before we commence work, subject to scope and Client. Alternative payment milestones (or those indicated in a formal tendering process) can be arranged.
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The agreed proposal can be signed and dated by the Client and a representative from The Being Group, if required.
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3. Project Delivery
We (as The Being Group) will:
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- Take every possible action to deliver what we promise, on time. If we can’t meet your deadline for some reason, we will flag this as soon as it is confirmed and notify you of updates to mitigate impact.
- Note that original deadlines outlined during the quoting phase may no longer be achievable and will need to be revisited should the commencement date or actions from you (such as supplying resources, feedback and briefing) be delayed.
- Commence work upon receipt of the initial payment as per the agreed payment schedule. We note however, that payment terms vary based on project type, scope and deadline requirements. We will resource according to the requirement. We are likely to be willing to change deliverables and services like for like in financial value, but the initial amount paid will likely not be refundable.
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You (as the Client) note that:
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- Cancellations will only be accepted prior to the commencement of your project. In all cases, return of fees or deposits will be at our discretion, depending on the amount of administration, communication and work already undertaken.
- Once a date for a video or photo shoot has been agreed upon and confirmed by both parties, cancellations made with less than 72 hours’ notice will incur 50% cancellation fees of the video or photo shoot costs. There is no refund for cancellations made within 72 hours; the full 100% of the costs will need to be invoiced to cover our own costs.
- Should you suspend or cancel a confirmed project, The Being Group is entitled to payment in full for the work completed to date.
- The minimum period for digital/social media retainers is three months. This is to ensure that adequate time is given for results to be achieved. Notice to either pause or cancel a retainer after this initial three-month period requires one month’s notice in writing, to avoid costs incurred by us in resourcing your services.
- Any work/revisions outside of the proposal and scope will be quoted and charged at the standard hourly rate of the specialist required to perform the service.
- One of our differentiating factors is the human element we bring to everything we do. Wherever our ways of working can be augmented by an additional layer of tech-based inputs (including AI-generated elements), we will consider these situations on a case-by-case basis with all necessary due care and caution, to make sure the potential reuse of AI elements is ethical and leads to sustainable outcomes.
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4. Client Feedback
You (as the Client) will:
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General
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- Provide comprehensive feedback during the first round of feedback, clearly indicating your wishes for revisions. Where consequent rounds are scoped for, they are to be used for minor amendments only. If a further round of feedback is required, it will be quoted at an hourly rate based on our estimations of how long specified feedback will take to action. Work will be commenced and invoiced upon your approval.
- Provide feedback in a timely and responsive manner to avoid impacting final delivery dates. Final delivery dates are dependent on receiving feedback in indicated and agreed periods. If you foresee not being able to provide feedback within agreed timelines, please inform us at the earliest stage so we can plan and manage competing priorities accordingly. Communicating delays as early as possible will also help us identify efficiencies we may be able to make at a later project stage, to ensure we meet your deadline.
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You (as the Client) acknowledge that:
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- Once animation of approved storyboards has commenced, storyboard assets designed for animation cannot be revised within scope. Fees will be incurred and quoted at an hourly rate, based on our estimates for how long revisions will take to action.
- Script changes are no longer possible within scope once the voice recording has been recorded. Any requested changes will incur additional fees, to be determined based on time required.
- For e-learning modules, it is very difficult to make any adjustments to wording, content or storyboard assets once they have been signed off. Feasibility of these potential changes will be assessed on a case-by-case basis and incur additional fees.
- Changes in casting for film productions are only possible up to 5 business days prior to commencing filming. Once filming has been completed, we are no longer able to accommodate any requests for changes to casting, location, hair and makeup or props etc. without additional shooting required and further costs being incurred.
- Approved copy and design for websites may be revised or updated once the website has been built, but will incur additional costs.
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5. Client Sign-off
You (as the Client) will:
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General
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- Hold ultimate responsibility for final approval on all proofs. Our dedicated project teams are fully committed and pay close attention to detail, but we will not accept responsibility for any errors once approved by you, in the unlikely event they arise.
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You (as the Client) acknowledge that:
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- Advise of all final corrections prior to receiving final files OR sending to print OR supplying to broadcast OR submitting to media agencies for go live, to avoid delays, fees, or the wrong document being produced. The Being Group is not liable for any final work approved by the Client and released.
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Provide approvals in the form of an email. No job will ever be sent to print, published, or go live without your written consent and approval.
By replying to an email from The Being Group requesting approval for any stage or phase of a project with any iteration or variation of “I approve, please proceed”, you are agreeing to and accepting the following T&Cs:
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“I confirm all spelling, grammar, contact information and all other content has been checked and is correct.”
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“I am satisfied with the product.”
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“I understand that once accepted, I cannot make any changes to the order and accept full responsibility for any errors later found.”
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“I understand that due to numerous device/software settings and models, colours on a document may not print exactly as they appear on screen OR may vary between digital devices, as colour settings and manufacturer defaults may vary.”
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6. Project Completion
We (as The Being Group) will:
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General
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- Prioritise the care of the digital files which are incredibly valuable to your business.
- Organise and store all files appropriately and comply with digital rights and permissions, including downloading, renaming, backing up, rating, grouping, archiving, optimising, maintaining, and exporting.
- Require complete and final payment before releasing any final files/art or going live with websites and other digital content.
- Not release working/source/RAW files, unless agreed upon before commencement of work. This agreement includes the form of a government procurement contract that specifies the release of these files.
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You (as the Client) note that:
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Promotional Use
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- The Being Group is entitled to share non-confidential work we have completed with you for our own promotional purposes. We do this for the sole purpose of showcasing our own services, through case study/folio materials on our website, social media and within proposals. While we reserve the right to publish this once you have had the opportunity to release/debut/go live with the work, we will endeavour to provide you a draft copy of case study/folio content for review before publishing. If you do not wish to be featured across our promotional material, please notify our Principal and Co-Founder, Kerry Neethling, by emailing: [email protected]
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7. Confidentiality
We (as The Being Group) will:
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General
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- Exert our best judgment around the confidentiality of projects and information. Security of information is of utmost importance to us. To ensure Client confidentiality is preserved, we implement multiple protocols such as staff training on how to best preserve confidentiality, storage of files in a secure, encrypted network, destruction of hard copy files and digital security to eliminate outside manipulation.
- Ask for any highly sensitive or confidential information to be highlighted to us, along with a request for us to acknowledge this in writing.
- Be open to signing a non-disclosure agreement (NDA) to protect any highly sensitive information that may be shared with us. Please ensure information around confidential or sensitive information is clearly communicated and defined.
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8. Copyright and Intellectual Property
You (as the Client) will:
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General
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- Assure and agree to keep The Being Group indemnified against all liability, expenses and losses incurred by The Being Group in any way directly or indirectly connected with breach of copyright on materials supplied by you, the Client. If you provide us with content that breaches copyright or the law, you will pay the fine — not us.
- Agree to hold accountability for supplied properties (logos, copy, images, music, fonts, voice over recordings, video footage/recordings etc.) and to ensure they do not violate any law or regulations or infringe upon or violate the copyright, trademark, proprietary rights or confidentiality of any third party. If these representations do breach this warranty, you agree to hold The Being Group, its directors and its employees free from liability, damages, claims, losses, actions, judgements and costs (including legal fees) arising because of infringement upon the rights of a third party.
- Own the copyright to final supplied content for your use.
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Specific
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- Acknowledge that, should you, or another creative (designer, writer etc.) utilise an original concept that The Being Group has presented to you — without paying for our work, advice, intellectual property or a copyright transfer — this breaches our terms, and legal action may be invoked.
- Acknowledge that The Being Group will release RAW video and photo files for an agreed copyright transfer fee. Once supplied, you will have complete ownership of the content, and it can be used as you please.
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We (as The Being Group) will:
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- Retain the right to all copyright and intellectual property related to creative concepts, ideas, artwork and copy until full payment is complete – we will also retain the copyright and ownership of the digital source/native files themselves unless otherwise agreed. Original website code is also copyright to us.
- Own as IP all artwork or content presented in our pitches and/or proposals. The distribution or copying of our IP is not allowed without our given permission. All working and RAW files including concepts or initial drafts of artwork and/or content remain the IP of The Being Group until projects are finalised and artwork and/or content is provided as final files.
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Working/RAW files include, but are not limited to:
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Adobe Suite packaged files (InDesign, Adobe Illustrator, Adobe Photoshop, Adobe After Effects, Adobe Premiere Pro, Adobe Animate, Adobe Captivate), Figma and CMS source codes.
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RAW files include, but are not limited to, unedited video footage, images, audio and voice over.
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9. Third Party/Contracted Services
You (as the Client) will note that:
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General
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- Although our model is to use our full-time employees for the delivery of custom-made deliverables, The Being Group can, from time to time, use third parties or contractors to increase our capacity or bring a skill that is not core to what we do (e.g., printing).
- Third party suppliers may include printers, couriers, studios/locations for hire, council filming permits, hair and makeup artists, models/acting talent, translators, equipment hiring businesses, freelancers for surge capacity or stylists.
- Should a cancellation/delay/amendment fee be incurred per the supplier’s policy following the cancellation/postponing/amendment of a third party engagement upon your request, you will be responsible for the payment of that fee.
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You (as the Client) note that:
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Specific
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Printing or couriers
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- For services such as printing or couriers, we cannot guarantee turnaround times and delivery dates and are unable to accept responsibility if expectations are not fully met. We endeavour to prevent this occurrence by only engaging trusted, highly professional suppliers.
- Each print job may have colour variations (5-10%). We do our best to colour match as closely as possible. Your result depends on a variety of factors.
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