Terms & Conditions

Last updated: 19 March 2026

These Terms and Conditions ("Terms") govern the relationship between BrandForge Creative Pty Ltd (ABN 41 628 753 190), trading as BrandForge Creative ("we," "us," or "the Agency"), and any individual or organisation ("you," "the Client") that engages our services or uses our website at https://brand-forge.pro.

By commissioning work from us, signing a proposal or statement of work, or continuing to use our website, you agree to be bound by these Terms. If you do not agree, please do not engage our services or access this website.

Acceptance of Terms

A binding agreement is formed when you accept a written proposal, sign a statement of work, or provide written confirmation (including email) instructing us to proceed with a project. Verbal agreements may be honoured at our discretion but are not binding unless confirmed in writing.

These Terms apply to all services provided by BrandForge Creative unless expressly superseded by a separate written agreement signed by both parties. In the event of any conflict between these Terms and a signed project agreement, the project agreement will prevail to the extent of the inconsistency.

Services

BrandForge Creative provides professional branding, visual identity design, brand strategy, creative direction, and related consulting services. The specific scope, deliverables, timeline, and fees for each engagement are outlined in the relevant proposal or statement of work.

We reserve the right to subcontract elements of a project to qualified third parties, such as specialist illustrators, photographers, copywriters, or developers. Where subcontractors are engaged, we remain responsible for the quality and timeliness of all deliverables unless otherwise agreed.

Any work requested beyond the agreed scope constitutes additional work and will be quoted separately. We will not commence out-of-scope work without your written approval and an agreed fee adjustment.

Intellectual Property

Ownership of Final Deliverables

Upon receipt of full payment for a project, intellectual property rights in the final approved deliverables will transfer to the Client, unless the proposal or statement of work specifies otherwise. "Final approved deliverables" means the completed files, designs, or assets expressly identified as deliverables in the project scope and formally approved by the Client.

Retained Rights

We retain ownership of all preliminary work, concepts, drafts, and rejected directions that are not part of the final deliverables. We also retain the right to use the final deliverables — and descriptions, images, or excerpts thereof — in our portfolio, case studies, award submissions, and marketing materials, unless a written confidentiality agreement prohibits this.

Third-Party Materials

Deliverables may incorporate third-party materials such as stock imagery, licensed typefaces, or open-source software. Licences for these materials will be procured on your behalf or identified for your procurement. Responsibility for ongoing licence compliance rests with the Client once the project is handed over. We will clearly document any third-party licence requirements in our handover materials.

Pre-Existing IP

Any tools, frameworks, methodologies, or code libraries developed by us prior to or independently of your project remain our intellectual property. Where such pre-existing IP is incorporated into your deliverables, we grant you a non-exclusive, perpetual, royalty-free licence to use it as part of the delivered work.

Client Obligations

To enable us to deliver high-quality work within the agreed timeline, the Client agrees to:

  • Provide accurate, complete, and timely briefs, content, brand assets, and feedback
  • Designate a single point of contact authorised to provide approvals and make decisions on behalf of the Client's organisation
  • Respond to requests for feedback or approval within the timeframes set out in the project schedule — typically five business days unless otherwise agreed
  • Ensure that all materials supplied to us (including text, images, logos, and data) do not infringe the intellectual property rights, privacy, or other legal rights of any third party
  • Obtain any internal approvals, regulatory clearances, or licences necessary for the use of the delivered work

Delays caused by late or incomplete Client input may result in revised timelines and, in some cases, additional fees. We will communicate any impact promptly and work collaboratively to find a reasonable path forward.

Payment Terms

All fees are quoted in Australian Dollars (AUD) and are exclusive of Goods and Services Tax (GST) unless stated otherwise. GST will be applied at the prevailing rate where applicable.

Invoicing Schedule

Unless an alternative arrangement is specified in the proposal, our standard invoicing schedule is as follows:

  1. Commencement deposit: 50% of the total project fee, payable upon acceptance of the proposal and prior to the start of any work.
  2. Final payment: The remaining 50%, invoiced upon delivery of the final approved deliverables.

For larger engagements, we may propose milestone-based invoicing aligned with key project phases. The specific payment milestones will be outlined in the proposal.

Payment Due Date

Invoices are due within fourteen (14) days of the invoice date unless otherwise agreed in writing. We accept payment by bank transfer, credit card, or other methods specified on the invoice.

Late Payment

If payment is not received by the due date, we reserve the right to charge interest on the outstanding amount at a rate of 2% per month (or the maximum rate permitted by law, whichever is lower), calculated daily and compounding monthly. We may also suspend work on your project until the overdue balance is settled.

Limitation of Liability

To the maximum extent permitted by Australian law, including the Australian Consumer Law, our total aggregate liability to you for any claim arising out of or in connection with our services — whether in contract, tort (including negligence), statute, or otherwise — shall not exceed the total fees paid by you for the specific project giving rise to the claim.

We are not liable for:

  • Indirect, incidental, special, consequential, or punitive damages, including loss of revenue, profit, business opportunity, data, or goodwill
  • Any outcomes, results, or commercial performance arising from the use of our deliverables, as branding results depend on numerous factors beyond our control
  • Losses arising from the Client's failure to implement our recommendations, misuse of delivered assets, or unauthorised modification of deliverables
  • Delays or failures in performance caused by circumstances beyond our reasonable control, including natural disasters, internet outages, pandemics, or actions of government

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred by the Australian Consumer Law or any other applicable legislation that cannot be excluded, restricted, or modified by agreement.

Termination

Termination by the Client

You may terminate a project at any time by providing written notice to us. Upon termination, you are liable for payment of all work completed up to the date of termination, including any committed third-party costs. The commencement deposit is non-refundable once work has begun.

Termination by the Agency

We may terminate a project if: (a) payment remains overdue for more than 30 days after a written reminder; (b) the Client materially breaches these Terms and fails to remedy the breach within 14 days of written notice; or (c) continuing the engagement would, in our reasonable assessment, compromise our professional integrity or legal obligations.

Effect of Termination

Upon termination, intellectual property in completed and paid-for deliverables will transfer to the Client. Work in progress for which payment has not been received remains our property. Clauses relating to intellectual property, limitation of liability, confidentiality, and governing law survive termination.

Governing Law

These Terms are governed by and construed in accordance with the laws of New South Wales, Australia. Both parties submit to the non-exclusive jurisdiction of the courts of New South Wales and any courts entitled to hear appeals from those courts.

If any provision of these Terms is found to be invalid, unenforceable, or illegal by a court of competent jurisdiction, the remaining provisions will continue in full force and effect. The invalid provision will be deemed modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.

Dispute Resolution

We value our client relationships and prefer to resolve disagreements amicably. Before initiating formal legal proceedings, both parties agree to follow this dispute resolution process:

  1. Direct negotiation: The parties will first attempt to resolve the dispute through good-faith discussion between their respective nominated representatives within 14 days of written notice of the dispute.
  2. Mediation: If the dispute cannot be resolved through direct negotiation, either party may refer the matter to mediation administered by the Australian Disputes Centre (ADC) in Sydney, NSW. The costs of mediation will be shared equally between the parties.
  3. Litigation: If mediation does not result in a resolution within 30 days of the mediator's appointment, either party may commence legal proceedings in the courts of New South Wales.

Nothing in this clause prevents either party from seeking urgent interlocutory or injunctive relief from a court of competent jurisdiction where necessary to protect its rights.

Contact

For questions about these Terms and Conditions, or to discuss any aspect of your engagement with us, please get in touch: