Terms of Service
These Terms of Service govern the use of the 3pm Studio website and all services provided by 3pm Studio. By accessing our website, submitting an enquiry, or engaging our services in any capacity, you agree to the terms outlined below.
1. Overview
3pm Studio is a creative and growth agency providing services including, but not limited to:
Brand strategy & positioning
Creative direction
Content creation
Social media management
Paid advertising
Website design & development
SEO & analytics
CRM & retention systems
Consulting and marketing strategy
All services are provided subject to these Terms of Service unless otherwise agreed in writing.
2. Acceptance of Terms
By using our website, submitting an enquiry, signing a proposal, paying an invoice, or engaging our services, you acknowledge that you have read, understood, and agreed to these Terms of Service.
If you do not agree with these terms, you must not use our services.
3. Scope of Services
The exact scope of work for each client will be outlined in a proposal, agreement, invoice, statement of work, onboarding document, or written communication.
Unless explicitly stated otherwise, deliverables, timelines, revisions, platforms, reporting, and ongoing support are limited to what is agreed upon in writing.
Any additional work requested outside the agreed scope may incur additional fees.
4. Client Responsibilities
Clients agree to:
Provide accurate and timely information
Supply requested assets, approvals, and access credentials when required
Respond to communications within a reasonable timeframe
Ensure they hold rights to all materials provided to 3pm Studio
Review and approve deliverables promptly
Delays caused by missing information, delayed approvals, or client inaction may impact timelines and project delivery dates.
3pm Studio is not responsible for delays caused by client-side dependencies.
5. Payments & Fees
All pricing is quoted in Australian Dollars (AUD) unless otherwise stated.
Invoices must be paid within the timeframe outlined on the invoice.
3pm Studio reserves the right to:
Pause work on overdue accounts
Withhold deliverables until payment is received
Charge late payment fees where legally permitted
Terminate services for non-payment
Deposits and upfront payments are generally non-refundable once work has commenced.
Advertising spend, software subscriptions, platform fees, hosting costs, and third-party services are separate unless explicitly included.
6. Retainers & Ongoing Services
For ongoing monthly services:
Services operate on a recurring monthly basis unless otherwise agreed
Either party may terminate with written notice
Notice periods or minimum terms may apply if specified in writing
Unused hours, deliverables, or inclusions generally do not roll over unless agreed otherwise.
3pm Studio reserves the right to adjust pricing with reasonable notice.
7. Revisions & Approvals
Reasonable revisions may be included depending on the agreed scope of work.
Excessive revisions, direction changes, or requests outside the original brief may incur additional fees.
Once final approval is provided by the client, subsequent changes may be treated as new work.
Clients are responsible for reviewing all deliverables before approval, publishing, or launch.
8. Intellectual Property
Unless otherwise agreed in writing:
Final approved deliverables become the property of the client upon full payment
Concepts, drafts, proposals, strategy documents, working files, templates, systems, and unused creative remain the intellectual property of 3pm Studio
3pm Studio retains the right to display completed work within portfolios, case studies, social media, presentations, and marketing materials unless otherwise agreed
Clients warrant that all supplied materials do not infringe on third-party intellectual property rights.
9. Website Projects
For website-related work:
Clients are responsible for supplying required content, imagery, branding assets, and approvals unless otherwise agreed
Third-party platforms, plugins, hosting providers, and integrations may carry separate fees and terms
3pm Studio is not liable for outages, software incompatibilities, security breaches, or failures caused by third-party platforms
Ongoing maintenance, updates, hosting, SEO performance, and technical support are not included unless explicitly agreed
3pm Studio reserves the right to recommend preferred platforms or decline work on unsupported or legacy systems where appropriate.
10. Marketing Performance Disclaimer
While 3pm Studio applies industry expertise and strategic recommendations, we do not guarantee:
Revenue outcomes
Leads or sales volumes
SEO rankings
Advertising performance
Audience growth
Conversion rates
Virality or engagement metrics
Marketing results depend on numerous factors outside our control, including market conditions, competition, platform changes, budget, offer quality, customer behaviour, and client responsiveness.
Any case studies, past performance examples, or results shared are illustrative only and do not guarantee future outcomes.
11. Third-Party Platforms & Tools
Clients may require third-party services including:
Meta Ads
Google Ads
Social platforms
Web building/hosting platforms
CRM systems
Email & SMS platforms
Hosting providers
Analytics tools
3pm Studio is not responsible for outages, account restrictions, platform policy changes, or failures caused by third-party providers.
Clients remain responsible for complying with the terms and policies of any external platform used.
12. Confidentiality
Both parties agree to keep confidential information private and not disclose commercially sensitive information without consent, unless required by law.
This obligation survives termination of services.
13. Limitation of Liability
To the maximum extent permitted by law:
3pm Studio will not be liable for indirect, incidental, consequential, or loss-of-profit damages
Total liability relating to any claim shall not exceed the amount paid by the client for the specific services giving rise to the claim
Clients use deliverables, recommendations, and strategies at their own risk
Clients remain responsible for final business, advertising, legal, and compliance decisions.
14. Indemnity
Clients agree to indemnify and hold harmless 3pm Studio, its directors, contractors, employees, and affiliates against claims, damages, liabilities, losses, and expenses arising from:
Client-provided materials
Breach of these terms
Intellectual property infringement
Unlawful or misleading advertising
Misuse of deliverables
Platform or regulatory violations
15. Termination
3pm Studio reserves the right to suspend or terminate services where:
Payments remain overdue
Communication breaks down
Abuse, harassment, or unreasonable conduct occurs
The client breaches these terms
The working relationship becomes commercially or operationally unviable
Upon termination, all outstanding invoices become immediately payable.
16. Website Use
Users of this website agree not to:
Misuse the website
Attempt unauthorised access
Copy or reproduce website content without permission
Introduce malicious software or harmful code
Use the website unlawfully
We reserve the right to modify, suspend, or remove website functionality at any time.
17. Privacy
Any personal information submitted through our website or during service delivery will be handled in accordance with our Privacy Policy.
18. Changes to Terms
3pm Studio may update these Terms of Service at any time without prior notice.
Updated terms become effective immediately upon publication on our website.
Continued use of our services constitutes acceptance of any revised terms.
19. Governing Law
These Terms of Service are governed by the laws of New South Wales, Australia.
Any disputes arising in connection with these terms shall be subject to the exclusive jurisdiction of the courts of New South Wales.
20. Contact
For any questions regarding these Terms of Service, please contact 3pm Studio at hello@3pmstudio.co.