Email, SMS & Blog Marketing Agreement

EMAIL, SMS & BLOG MARKETING AGREEMENT

This Email, SMS & Blog Marketing Agreement (“Agreement”) confirms the terms, scope, objectives, and limitations of services provided by Stay Qreative. Engagement of services, payment of an invoice, or written confirmation constitutes acceptance of these terms and conditions.

DEFINITIONS

“Agency”, “Stay Q”, “Stay Qreative” refers to the service provider.
“Client”, “you” refers to the individual or entity engaging Stay Qreative.
“Parties” means both the Agency and the Client collectively.
“Services” means the social media management services outlined in the accepted Proposal.
“Proposal” means the final written proposal issued by Stay Qreative and accepted by the Client.
“Agreement” means this document, together with the accepted Proposal, and the client’s completed form submission via Stay Qreative’s designated platform, which constitutes the Client’s acceptance of the terms of this Agreement.

1. PURPOSE, SCOPE, AND OUTPUT OF THE AGREEMENT

1.1 Effective Date This Agreement becomes effective on the date the Client digitally signs or otherwise accepts this Agreement (“Effective Date”).

1.2 Start Date Commencement of Stay Qreative’s onboarding phase and strategy. This will be scheduled and confirmed once this Agreement has been signed and the upfront fee has been paid.

1.3 Contract Period

1.3.1 This Agreement is valid until:

Terminated by mutual agreement of the Parties,
Superseded by a newer Agreement, or
Concluded at the end of the Contract Period as specified in the Client’s Form Submission.

1.3.2 The Parties will not deal with earlier periods unless specifically requested in writing and agreed upon by both Parties.

1.5 Services Provided & Unanticipated Services

1.5.1 The specific Services to be provided under this Agreement are detailed in the final Proposal issued by Stay Qreative.

1.5.2 The Client agrees to the scope, deliverables, and terms outlined in that Proposal, which forms part of this Agreement.

1.5.3 Only the Services listed in the final Proposal are included in this Agreement.

1.5.4 Any additional or unanticipated work requested by the Client that is not included in the Proposal will not commence without:

A written Change of Service Request,
Written approval from the Client,
A digital signature confirming acceptance, and
Agreement in writing on the scope, pricing, and timeline of the additional work.

1.5.5 No verbal or informal approvals will constitute authorisation to proceed.

2. STRATEGY, ONBOARDING PHASE & PLATFORM SETUP

2.1 Onboarding & Platform Setup Stay Qreative will set up the Client’s email and SMS marketing platform, including:

Platform configuration (Klaviyo, Flodesk, Shopify, Mailchimp, or agreed platform)
Audience segment creation (minimum of 3 custom segments)
Automation logic & workflow setup (welcome series, abandoned cart, etc.)
Discount & promotional offer integration

2.3 Strategy Phase The first month of the Agreement is dedicated to strategy. This phase is essential to ensure that all future content is purposeful, strategic, and aligned with the Client’s long-term brand vision. No regular content will be published during this phase unless mutually agreed in writing.

3. SERVICES & PACKAGES

3.1 Scope of Services Stay Qreative will provide the email, SMS, and blog marketing services as detailed in the accepted Proposal. Services may include, but are not limited to: strategy and campaign planning, email automation setup, SMS campaigns, blog content creation, list segmentation, analytics and reporting, and optional add-ons such as graphics or additional campaigns.

3.2 Packages & Customisation
Clients may select from pre-defined packages or request custom packages to suit specific business objectives. Details of deliverables, timelines, and pricing will be outlined in the Proposal. Any additional services outside the accepted Proposal require written approval and may incur additional fees.

3.3 Platform Integration & Automation
Services include platform setup, integration of automation workflows, and any necessary logic or discount configurations. Stay Qreative will manage execution in alignment with the agreed strategy, while the Client remains responsible for providing accurate content and approvals.

4. CLIENT MATERIALS, FEEDBACK & APPROVALS

4.1 Submission Deadlines Clients must provide all required content, brand assets, and information by agreed deadlines. Late submissions may result in missed campaigns without fee reduction.

4.2 Feedback & Approvals Client feedback or edits must be submitted at least 48 hours prior to scheduled send dates or blog publication. Content not reviewed within this timeframe will be deemed approved.

4.3 Campaign Scheduling & Promotions Clients must notify Stay Qreative at least 14 days in advance for promotional campaigns, discounts, or blog topics to allow planning and execution. Late campaign requests:

Are not guaranteed
May incur additional fees
May be declined due to scheduling constraints

4.4 Invoices & Payment

Delays may affect performance but do not reduce fees. Invoices remain payable regardless of approval delays.
Ongoing late approvals or payments may result in contract termination and applicable late fees.

5. CREATIVE DIRECTION Stay Qreative is engaged for its creative expertise. While collaboration is welcomed, Stay Qreative retains final creative discretion within the agreed strategy to maintain brand consistency and effectiveness.

5. CONTENT SHOOTS, MODELS & TALENT

5.1 Shoot Planning All content shoots must be scheduled a minimum of four (4) weeks in advance to allow for creative planning, talent sourcing, and scheduling.

5.2 Models & Talent If the Client requests Stay Qreative to source models:

A. Call-out models are charged at a flat rate of $50 per hour, unless otherwise advised in writing.

B. Some models may be represented by third-party agencies; their rates and terms override the standard call-out rate.

C. Final pricing must be confirmed prior to booking.

D. Clients may also source and manage their own models independently.

E. Last-minute model or talent requests are not guaranteed and may incur additional charges.

5.3 Influencer Marketing Influencer Marketing Services are not included in standard Social Media Management packages unless expressly listed in the accepted Proposal. Where agreed:

A. Stay Qreative will assist with identifying and connecting the Client with relevant creators.

B. Deliverables, fees, timelines, and outcomes are subject to the influencer’s own terms and availability.

C. Stay Qreative does not guarantee reach, engagement, conversions, or influencer conduct.

D. All partnerships are subject to separate written confirmation.

6. CLIENT PUBLISHING & PLATFORM COORDINATION

6.1 Independent Publishing Independent publishing by the Client without notifying Stay Qreative may disrupt Stay Qreative’s strategy.

6.2 Coordination Options Clients agree to either:

Request Stay Qreative to schedule additional posts, or
Notify Stay Qreative in advance of any independent posting.

6.3 Scheduling & Availability

Stay Qreative blocks out specific days and hours each month to work on the Client’s feed and deliverables.
These dates are typically not flexible due to other client work.
Cooperation in maintaining this schedule is appreciated.

7. CLIENT RESPONSIBILITIES AND LIABILITY

7.1 Content Approval & Legal Compliance The Client is responsible for ensuring that all campaigns, SMS, emails, and blog content comply with all relevant legislation (including Spam Act 2003, Privacy Act 1988, ACCC regulations). Stay Qreative is not responsible for legal, regulatory, or compliance issues arising from approved or scheduled content.

7.2 Reputation, Platform & Social Media Risks

A. The Client acknowledges that Stay Qreative does not control social media platforms, algorithms, third-party services, or audience behaviour and makes no guarantees regarding reach, engagement, followers, leads, or sales.

B. If a reputational issue arises directly related to content posted by Stay Qreative, the Client must notify Stay Qreative in writing. Stay Qreative will post a reasonable correction, retraction, or clarification within twenty-four (24) hours of written notice. This shall be the Client’s sole remedy and does not entitle the Client to any refund or fee reduction.

C. The Client acknowledges that once content is published, Stay Qreative cannot control audience interpretation, comments, shares, or third-party responses.

D. Fees remain payable during platform outages, account restrictions, bans, or algorithm changes.

7.3 Information Accuracy & Access

A. The Client is responsible for the accuracy, completeness, and timeliness of all information, materials, promotions, offers, and instructions provided to Stay Qreative on an ongoing basis.

B. Stay Qreative is entitled to rely on such information and is not liable for any loss or delay resulting from inaccurate, incomplete, outdated, or late materials.

C. The Client must provide reasonable access to relevant individuals, assets, and documentation required to deliver the Services.

7.4 Advice Disclaimer

Any advice or recommendations provided by Stay Qreative are opinions based on the information supplied by the Client and the scope of the Services.
Stay Qreative accepts no liability for any loss, damage, claim, or expense arising from reliance on inaccurate, incomplete, or misleading information provided by the Client. The Client releases and indemnifies Stay Qreative from any such liability.

8. INTELLECTUAL PROPERTY & PORTFOLIO RIGHTS

8.1 Ownership of Intellectual Property

A. All strategies, systems, frameworks, and methodologies developed by Stay Qreative remain the intellectual property of Stay Qreative.

B. All original materials, documents, and assets supplied by the Client remain the property of the Client.

C. Stay Qreative may retain copies of Client-supplied materials for record-keeping and service delivery purposes only.

8.2 Licence to Use Content

A. The Client is granted a non-exclusive, perpetual licence to use the content delivered by Stay Qreative for its own marketing and promotional purposes. This licence survives termination or expiry of this Agreement. Stay Qreative retains full ownership and intellectual property rights in all content unless otherwise agreed in writing.

B. Stay Qreative retains the right to showcase created work for portfolio, promotional, and marketing purposes, excluding any confidential information provided by the Client.

8.3 Information Accuracy & Advice Disclaimer The Client is responsible for the accuracy, completeness, and timeliness of all information, materials, and instructions provided to Stay Qreative. The Client acknowledges that:

A. Stay Qreative is entitled to rely on the information supplied;

B. Any advice provided is based solely on the information made available at the time;

C. Stay Qreative accepts no liability for losses arising from inaccurate, incomplete, outdated, or misleading information supplied by the Client.

9. PAYMENT TERMS & DISCOUNTS

9.1 Payment Methods Payments may be made via PayID, PayPal (for International Clients only), or bank transfer. Details will be included in invoices.

9.2 Billing Services may be billed at a fixed rate or an hourly rate, as specified in this Agreement.

A. Where an hourly rate applies due to difficulty defining the scope, Stay Qreative will notify the Client of time spent before issuing the final invoice.

B. Professional fees are based on Stay Qreative’s regular billing rates, plus direct out-of-pocket expenses and applicable GST.

C. Fees for additional services or add-ons will be established separately and billed accordingly.

9.3 Invoicing and Payment

A. Invoices are issued fourteen (14) days prior to the first (1st) of each month.

Payment is due within seven (7) days of receipt.

B. Stay Qreative reserves the right to suspend services or terminate this Agreement if invoices are unpaid.

C. In the event of collection action, the Client agrees to reimburse Stay Qreative for all costs incurred, including legal fees.

9.4 Late Payments

A. Interest may be charged on overdue invoices at 10% per annum, calculated weekly and capped at 10% of the total invoice amount.

B. Services may be suspended or ceased with written notice if payment is unduly delayed.

C. Follow-up reminders will be issued: three (3) days before, seven (7) days after the invoice due date before applying late fees or suspending services.

D. A 7-day grace period applies before interest accrues.

9.5 Discounts

9.5.1 Referrals: Referrals Clients who successfully refer a new client to Stay Qreative will receive a $50 credit toward Stay Qreative services, provided the referral is disclosed at the time of enquiry. If applying towards studio bookings, the studio booking must be a minimum of two hours to redeem this offer.

9.5.2 Annual Payments: Pre-payment of 12 months may receive a 5% discount (excluding third-party costs).

9.5.3 Studio Discount Limitation The 30% studio hire discount for retainer clients applies to the Client’s individual studio hire only. If the Client requires additional services such as a videographer, photographer, or other crew, additional fees will apply and will be quoted separately.

9.5.4 Management Add-Ons & Additional Services Stay Qreative reserves the right to bill additionally for:

Additional SMS, Emails, or Blogs
Work outside of included services
Priority Service Fee and/or Expedited Turnaround Fees

All additional invoices are due within 7 days of issuance.

9.5.5 Refunds, Transfers, and Holds

A. Due to the customised nature of the services and upfront market research, refunds, transfers, or holds on project deliverables are not available once the Agreement commences.
B. Pausing or delaying content posting does not pause billing. Monthly retainer fees remain payable during any client-requested hold, pause, or delayed commencement beyond the agreed start date, as Stay Qreative reserves resources and availability for the Client.

9.6 Payment Plans

A. Payments may be set up as weekly, fortnightly, or monthly instalments with written approval.
B. Weekly and fortnightly payments require auto-pay enabled.

10. MINIMUM COMMITMENT & TERMINATION

10.1 Minimum Commitment Social Media Management retainers require a minimum three (3) month commitment, unless otherwise stated in the Proposal.

10.2 Early Termination

A. If the Client terminates the Agreement before the minimum commitment period:

Payment is required for all work completed to date, and
50% of the remaining fees within the contracted term.

B. Either party may terminate the Agreement by providing 28 days’ written notice.

C. Stay Qreative may terminate the Agreement immediately in the event of:

Non-payment, or
Breach of any terms of this Agreement.

D. Upon termination, the Client will pay Stay Qreative for:

Work completed up to the termination date,
Any expenses incurred, and
Reasonable costs associated with early termination.

10.3 Dispute Resolution

In the event of a dispute, the Client agrees to:
- Notify Stay Qreative in writing, detailing the nature of the dispute and desired resolution;
- Allow Stay Qreative a reasonable opportunity to resolve the matter before escalation.
Both parties agree to act in good faith to resolve disputes promptly and professionally.

11. DEDICATED ACCOUNT MANAGER

11.1 Initial Strategy & Onboarding Phase During the initial one-month strategy and onboarding phase, Stay Qreative’s founder (Aimee Joe) and/or one of Stay Qreative’s social media managers will serve as the Client’s main point of contact and oversee the development of the Client’s social media direction.

11.2 Dedicated Account Manager Assignment Following this phase, the Client’s account may be assigned a dedicated account manager to handle communication and implementation.

11.3 Changes to Account Manager

A. The Client’s assigned account manager may be changed or rotated at any point during the Agreement, based on Stay Qreative’s team availability, project needs, or internal scheduling.

B. Regardless of changes, the quality and continuity of service will be maintained to ensure consistent support and results throughout the duration of the Agreement.

12. FORCE MAJEURE Neither party will be liable to the other for any delay or failure to fulfil their obligations under this Agreement if that delay and/or failure arises from causes beyond their control. Including but not limited to:

Fire, floods, or acts of God
Acts or regulations of any government or supranational authority
War, riot, terrorist activities
Strikes, lockouts, and industrial disputes

13. COMMUNICATION

15.1 Electronic Communication Both parties recognise that e-mail and the internet are inherently insecure, may become corrupted, and are not always delivered promptly (or at all). Each party is responsible for protecting their own systems and interests; neither party will be responsible to the other for any loss or damage arising from the use of electronic communication.

13.2 Business Hours Monday–Friday, 10:00am–5:00pm (AEST/AEDT)

13.3 After-Hours Communication After-hours communication will be addressed the next business day.

13.4 Out-of-Office Notifications Stay Qreative will make reasonable efforts to inform the Client in advance of any planned downtime or out-of-office periods that may impact response times or service delivery.

13.5 Other Clients & Confidentiality Stay Qreative manages accounts for several clients. All client information will be treated confidentially, ensuring no competitive advantage is given to any one client.

13.6 Service Interruption In the event of unforeseen circumstances causing service interruptions, Stay Qreative will communicate promptly and take all reasonable steps to minimise disruption to social media management.

14. PRIVACY ACT

14.1 Collection of Personal Information Stay Qreative may collect Personal Information about your representatives, clients, and others when providing services.

14.2 Client Responsibilities The Client agrees to work with Stay Qreative to ensure compliance with the Privacy Act 1988 (Cth) (as amended). Where the Client has collected personal information, the Client confirms that it was collected in accordance with the Privacy Act and may be provided to Stay Qreative for the purpose of service delivery.

14.3 Use of Personal Information Stay Qreative will handle personal information in accordance with the Privacy Act.

15. GOVERNING LAW AND JURISDICTION

15.1 Governing Law This Agreement is governed by the laws in force in the State of Victoria.

15.2 Jurisdiction The parties submit to the non-exclusive jurisdiction of the courts of the State of Victoria.

15.3 Execution of Agreement This Agreement may be executed in counterparts and delivered by electronic signature in accordance with the Electronic Transactions Act 2000 (Vic).

CONFIRMATION OF TERMS

Please review this Agreement and complete the form submission and digital signature below to confirm that it reflects your understanding of the arrangements. This Agreement becomes effective upon submission and will continue for future periods unless varied or replaced by written notice from Stay Qreative.

CLIENT ACKNOWLEDGEMENT
By completing the form submission and applying a digital signature, the Client confirms that they have the authority to enter into this Agreement and agree to be bound by all terms and conditions contained herein.

Full Name

Business Name

ABN

Phone

Business Address

Today's Agreement Date required

Add ons:

I understand that this Agreement is subject to a minimum commitment period and termination terms as outlined in this.

I confirm that I have reviewed and accepted the scope, inclusions, and deliverables outlined in my Proposal and understand that work outside this scope will be quoted separately.

I understand and agree to the payment terms, invoicing schedule, late payment conditions, and no-refund/no-hold policy outlined in this Agreement.

I confirm that I have read this Agreement and my Proposal in full, have had the opportunity to ask questions, and agree that this Agreement is legally binding upon submission.

Your Signature

Thank you!