Terms of Use

Terms of Service

We value your business and our aim is to develop a relationship with you in which ZOO consistently performs well beyond your expectations, in both service and creativity.

To achieve that, we need you to know exactly what our terms of business are, so we can exceed your expectations with minimal administration disruptions.

This document sets out our terms of business. When you accept a quote provided by us, or instruct us to do particular work, it creates a contract on the terms of this document.

  1. Engagement of ZOO
    • We will supply you a written estimate prior to commencing any project and will proceed on approval of this estimate.
    • If you instruct us to do work outside the scope of our estimate, we will advise additional charges in writing and proceed only on your written approval.
    • Our invoices will not exceed any estimate provided, except where you have changed the brief or instructed us to perform work outside the scope of our estimate.
    • We understand that our clients operate in dynamic, fast-paced markets, and we pride ourselves on being agile and responsive so as to meet our customers’ needs. Where you have instructed us to perform any work before we have given you an estimate or quote, all work done will be chargeable on a time and materials basis. We will use our best endeavours to confirm this with you in writing at the earliest opportunity.
    • Any proactive or speculative work that ZOO undertakes on your behalf (i.e. work undertaken outside of work authorised by you) will not be charged to you, unless and until you accept the work. Charges for such work will be in accordance with our rate card.
  2. Intellectual Property
    • In these terms, “IP” means copyright and any other kind of intellectual property rights.
    • Our IP rights in anything we produce – including but not limited to proposals, strategies, concepts, designs, ideas, copywriting, and slogans – will remain our property until full payment has been made to us, at which point ownership will pass to you. Because we are proud of the work that we do, we may want to use it for our own promotional or marketing purposes (such as including it in a portfolio, website or show reel) and you grant us a licence to use it for those purposes.
    • Where the work we create includes material in which third parties own the IP – such as stock photography, or music – we will arrange a licence for you to use that material for the purposes set out in our estimate. You must not use that material for any other purpose, or in any way which is outside the scope of the licence, and agree to indemnify us against any claims by the IP owner which relate to unauthorised use of licensed material.
    • If you own the IP in anything you provide to us, it remains yours at all times.
    • If you don’t own the IP in something which you provide to us to use, you:
  • warrant that you have the permission of the IP owner for us to use it; and
  • agree to indemnify us against any claims by the IP owner.
  1. Fees and Payment
    • We will generally invoice you in arrears for our services, with payment due 30 days from invoice date.
    • In some circumstances we may require different payment terms, due to the nature of the work we will be performing. As an example, for TV production we require 50% payment up-front with the balance due 7 days from completion. In some circumstances we may require cash on delivery. Our fee estimate will include the details of any non-standard payment terms.
    • Costs for external production supplies will be quoted and agreed prior to commencing work. Where external production costs for a project will exceed $10,000, we require 50% upfront payment of the fee on acceptance of our estimate.
    • All disbursements including couriers, taxis, accommodation and travel expenses will be on billed to you.
  2. Retainer
    • We may offer to enter into a retainer arrangement with you, where we will provide you with a certain amount of work each month, in return for a fixed monthly fee. The scope of the retainer and the amount of the fee will be set out in a proposal to you, which you must accept in writing.
    • If you have a retainer arrangement with ZOO:
  • the terms of this agreement relating to engagement of ZOO, and charging of work will continue to apply to work which is outside the scope of the retainer; and
  • either you or ZOO can terminate the retainer arrangement on 60 day written notice to the other party. Where there is work which is in progress when such notice is given, we will use reasonable endeavours to complete the work by the termination date.
  1. Rate Card
    • A rate card will be provided with ZOO’s proposals for work.
  2. Privacy
    • We are committed to protecting your (and your personnel’s) personal information, and ensuring its privacy, accuracy and security. We handle personal information in accordance with our obligations under the Australian Privacy Act 1988 (Cth) and the privacy or data protection laws of other jurisdictions where we operate.
    • Where necessary for us to provide products and services to you or your organisation, we will need to collect personal information, such as people’s contact details, positions held, and information about the products you require form us. If you don’t provide us with this personal information, it may not be possible for us to do business with you.
    • We use personal information in the course of providing products or services, and for related matters such as processing payments and account management. We may also use personal information to keep you informed about our products and services.
    • We may disclose your or your personnel’s personal information to people or organisations who we engage to provide products or services on our behalf, or who otherwise support us to provide products and services to our clients. We do not disclose personal information to third parties outside Australia, unless required or permitted by law.
    • If you or your personnel provide someone else’s personal information to us, you warrant that you have obtained that other person’s consent and that they have seen this notice.
    • For information about how we collect, use, store and disclose personal information, please visit http://zoogroup.com/privacy-policy/. Our privacy policy also sets out how to seek access to and correct personal information that we hold, and how people may complain about a breach of the APP’s.
  1. General Boilerplate
    • These terms will apply to all services which we provide you, unless we agree in writing that different terms will apply. Only the Managing Director of ZOO may agree to change these terms.
    • ZOO will not communicate or divulge to any person, either before or after completion of a campaign, any information, papers, reports or other documentation or communication between you and ZOO (other than information that is in the public domain prior to it being divulged or communicated, or which ZOO is required by law to divulge) without your prior written permission. ZOO may disclose such information to its contractors and service providers who are involved in the services ZOO supplies to you, provided that they have a confidentiality agreement with ZOO.
    • ZOO will at all times maintain professional indemnity insurance.