The Magnet Foundation Package Agreement

This agreement

This agreement is between Magnet Agency Pty Ltd (ABN 48 691 102 959) ("Magnet", "we", "us") and the business or person buying The Magnet Foundation Package ("you").

The package includes a website that runs on the Magnet Platform. Your website, hosting, CRM and monthly plan are covered by the Magnet Platform Service Agreement, which you also accept at checkout. This agreement covers everything else in the package.

By ticking the box to accept at checkout and completing your payment, you confirm that you have read and agree to both agreements, and that you are authorised to agree on behalf of your business.

What's included

The Magnet Foundation Package includes:

1. A full brand refresh, refining your brand look and feel so your website, content and socials are consistent, based on what we agree with you at onboarding.
2. A custom branded website, designed and built by Magnet and run on the Magnet Platform under the Magnet Platform Service Agreement.
3. One media day, a professional shoot of your business, team, work and job sites.
4. 42+ pieces of content, edited from your media day and ready for Facebook and Instagram.
5. Posting for you, where we publish your content to your Facebook and Instagram pages.
6. Your first month of the Magnet Platform at no extra cost.

What's not included

Unless we agree otherwise in writing, the package does not include:

• advertising spend or paid ads management;
• additional media days or reshoots;
• posting to platforms other than Facebook and Instagram;
• printing, signage, uniforms or vehicle wraps;
• paid stock media, music licences beyond what we supply, or third-party tools.

We are happy to quote on any of these separately.

Payment

1. The package costs $7,995 AUD + GST, paid in full at checkout. Payments are processed securely by Stripe. Magnet does not store your card details.
2. Your first month of the Magnet Platform is included. After that, the Magnet Platform continues at $495 AUD + GST per month, charged automatically to the payment method you provide, under the Magnet Platform Service Agreement. There is no lock-in on the monthly plan.

Cooling-off and refunds

1. To cancel during the cooling-off period, email your Magnet contact. We will refund your payment in full to your original payment method.
2. Starting work means beginning your brand refresh, website design or media day. Your onboarding call does not count as starting work.
3. After the cooling-off period, or once work has started, the package fee is non-refundable, except where the Australian Consumer Law requires a refund.
4. If we are unable to deliver part of the package, we will refund you fairly for the part not delivered.

Your media day

1. We will book your media day with you at a date and location that suits your business.
2. You can reschedule with at least 48 hours' notice. Late cancellations or no-shows may mean the media day is treated as used, or a rebooking fee applies.
3. If weather or safety issues make the shoot unworkable, we will reschedule with you at no cost.

Content and posting

1. We will share your content with you before it goes live. You can request reasonable changes before posting.
2. You decide how often your content is posted. We will post to your schedule until all 42+ pieces have been published.
3. You need to give us access to your Facebook and Instagram accounts so we can post for you.
4. We cannot control how social platforms show or rank your content, and we do not guarantee any number of views, followers, leads or sales.

Ownership and usage

Your media and brand assets. Once your package is paid, you own the photos, videos and content we produce for you and the brand assets from your brand refresh. You can use them however you like.

Our right to showcase. Magnet may use your content, brand work and results in our own portfolio, website, case studies and advertising.

Your website. Your website runs on the Magnet Platform and is covered by the ownership terms in the Magnet Platform Service Agreement.

Raw footage. We keep raw footage from your media day for at least 90 days. You can ask us for copies during that time.

Your responsibilities

1. Give us the information, access and approvals we need, in reasonable time.
2. Make sure your business, team and job sites are ready and safe for the media day.
3. Get permission from any customers, staff or property owners who appear in the shoot or whose property is filmed.
4. Make sure anything you give us, such as logos, photos and text, is yours to use and is lawful and accurate.

Liability

1. Rights that cannot be excluded. Nothing in this agreement excludes, restricts or modifies any guarantee, right or remedy you have under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other law that cannot lawfully be excluded, restricted or modified.
2. Consumer guarantees. Where the law allows us to limit our liability for failing to meet a consumer guarantee, our liability is limited, at our option, to supplying the services again or paying the cost of having them supplied again.
3. Maximum liability. To the maximum extent permitted by law, our total liability to you for all claims arising out of or in connection with this agreement, whether in contract, tort (including negligence), under statute or otherwise, is limited to the package fee you paid us for The Magnet Foundation Package.
4. No liability for business losses. To the maximum extent permitted by law, we are not liable for any loss of profit, revenue, customers, leads, goodwill, data or business opportunity, or for any indirect or consequential loss, however it arises, even if we were told it was possible.
5. Shared responsibility. Our liability is reduced to the extent any loss is caused or contributed to by you, the content or information you give us, or third-party services outside our control, such as social media platforms, payment providers, domain registrars and hosting providers.
6. No guaranteed results. We do not guarantee any particular number of leads, enquiries, views, followers, rankings or sales.

General

1. Contractors. We may use trusted contractors, such as photographers, videographers and designers, to help deliver the package. Magnet remains responsible for their work.
2. Notices. Notices can be sent by email to the most recent email address each party has given the other.
3. Whole agreement. This agreement, the Magnet Platform Service Agreement and any written onboarding scope we agree with you are the whole agreement between us about the package.
4. Governing law. This agreement is governed by the laws of Queensland, Australia, and both parties accept the jurisdiction of Queensland courts.