SMM Contract | Stay Q.

SOCIAL MEDIA MANAGEMENT CONTRACT

Agency: STAY Q., STAY QREATIVE, OUR, US, WE, DEDICATED MANAGER.

CLIENT: YOU, YOUR.

Collectively, all the listed people or businesses entering this agreement will be referred to as “the parties”, “we”, or “our”.

1. INTRODUCTION

Effective Date ⎯ This Agreement is made and entered into on the agreed-upon date submitted. The Start Date begins on the first posting date in your first month.

Contract Period ⎯ The specific contract term will be outlined in the form field below.

2. SERVICES PROVIDED

The specific services in this Agreement are detailed in your proposal. This proposal represents the complete list of Stay Qreative's contractual obligations.

3. CHANGES TO YOUR DESIGN PROJECT

Upgrades ⎯ You can upgrade your social media management package after consulting with Stay Qreative. Any additional services requested will be quoted and outlined in a revised contract and proposal before work commences.

Downgrades ⎯ are not permitted until the end of your current contract period. However, for special circumstances, you can email aimeejoe@stayq.au for consideration.

4. TRIAL PERIOD (optional)

The client can opt for a 2-week trial period ($200) with a scheduled follow-up meeting with Stay Qreative. During this meeting, we will discuss your social media plan, mini strategy, mini audit, and other relevant data to assess suitability for ongoing collaboration.

5. CLIENT RESPONSIBILITIES

Confidentiality ⎯ Information acquired from the client is subject to strict confidentiality. Stay Qreative will not disclose information to other parties except as required to provide the Services; as allowed for by law; or with your expressed written consent.

Information Accuracy ⎯ By signing this contract, you agree that Stay Qreative is entitled to rely on the accuracy and completeness of any information you provide under this agreement to provide my services. You are also responsible for promptly providing Stay Qreative with the necessary materials and information to ensure timely service delivery

Advice Disclaimer ⎯ Any advice given by Stay Qreative is based solely on their knowledge of your specific circumstances. Stay Qreative accepts no liability or responsibility for any loss, damage, claim, or expense you may suffer due to inaccurate, incomplete, outdated, or untimely records, particulars, or information provided by you. By signing this agreement, you waive and release Stay Qreative from any such liability.

6. SOCIAL MEDIA MANAGEMENT SCOPE

Unwelcome situations on social media may potentially arise that could negatively impact your reputation. You acknowledge that Stay Qreative's services are delivered following your instructions and this contract. Should an issue arise that you disagree with, you must notify Stay Qreative in writing. If necessary, Stay Qreative will post a retraction and apology within 24 hours of receiving your written notification, across all affected platforms.

7. STRATEGY AND ONBOARDING PHASE

The first month of this agreement will be dedicated to strategy and onboarding. During this time, we will work closely with you to align on brand direction, target audience, content pillars, tone of voice, platform-specific goals, and campaign planning. Please note that no regular content will be published during this phase. However, soft launch posts (such as introductory or teaser content) may be shared at our discretion or upon mutual agreement. This phase is essential to ensure that future content is purposeful, strategic, and aligned with your brand’s long-term vision.

8. CLIENT CONTENT SUBMISSION

The Client agrees to forward all relevant content they wish to be included in the month's plan strictly on, before, or by the requested date provided before the feed planning day each month (or as requested). Images provided throughout the month will be added to the next month's plan OR will count as one of your urgent posts (if applicable).

9. SCHEDULING AND CLIENT COORDINATION

Stay Qreative blocks out specific days and hours each month to work on your feed and service inclusions. These dates are typically not flexible due to other ongoing client work and projects. We appreciate your understanding and cooperation in maintaining our schedule.

10. CONTENT SHOOTS, MODEL HIRE, AND PROMOTIONAL CAMPAIGNS

Model content shoots, whether conducted on-site or at a content studio, must be planned at least four (4) weeks in advance. This allows adequate time for creative planning, sourcing talent, and aligning with your overall content strategy. If your project requires models and you would like Stay Qreative to organise talent, we offer call-out models at a rate of $30 per hour. Please note that some Stay Qreative call-out models have their own rates, which may vary. Be sure to check with us in advance to confirm pricing for any specific model. Alternatively, clients are welcome to source and manage their own models independently.

Additionally, any sales, product launches, or promotional campaigns must be communicated to Stay Qreative no less than two (2) weeks in advance of the intended post date. This ensures timely integration into the content calendar and allows for strategic execution.

Please note: last-minute model bookings or campaign requests are not guaranteed and may incur additional charges depending on urgency and scope.

11. URGENT & ADDITIONAL CONTENT REQUESTS

If you have any additional or urgent content requests outside the agreed content plan, please notify Stay Qreative at least 48 hours in advance. This allows us to incorporate your requests without disrupting the overall workflow or quality of the deliverables.

12. AVOIDING DISRUPTION

Posting independently without advising Stay Qreative may disrupt feed cohesion and theme consistency. To maintain a professional and aligned presence across your social platforms, please either:

Allow Stay Qreative to add your desired post to the content schedule
Or inform us if you intend to post independently so we can plan accordingly

13. CONTENT CREATION & APPROVAL PROCESS

Content will be planned a minimum of three (3) weeks prior to rollout for your review and approval. While timelines may vary depending on your posting style (set schedule vs. ad-hoc), Stay Qreative prioritises monthly content planning for consistency, clarity, and efficiency.

Clients and Stay Qreative will collaborate using:

A dedicated Notion page
Editable Canva templates
Shared Google Drive
A scheduling platform with content approval capabilities

Scheduling Platform Options:

Stay Qreative’s platform: +$5 AUD/month (recommended for smooth approvals)
Client’s platform: Client covers any fees associated with their chosen tool
Meta Business Suite: Available for free for Facebook & Instagram

Approval & Revisions:

Clients must approve or request edits to planned content at least 48 hours before the scheduled post date.
Content not reviewed within this timeframe will be considered approved and posted as scheduled.
Unused content will not carry over unless requested 48 hours in advance.

Late Approvals:

Stay Qreative will send one reminder
Auto-approval and scheduled publishing will occur by default
An invoice will be issued regardless of approval delays
Stay Qreative is not liable for performance of auto-approved posts

Ongoing late approvals or payments may result in contract termination and applicable late fees.

14. OWNERSHIP OF DOCUMENTS, ARTISTIC RIGHTS & PORTFOLIO

Client Content Ownership ⎯ All documents provided by the client shall remain the property of the client. However, Stay Qreative has the right to make a reasonable number of copies of the original documents for record-keeping purposes.

Content Usage Rights ⎯ You retain the rights to all content creations produced while under this contract. However, you may not distribute the content for profit without Stay Qreative's written consent.

Portfolio Rights ⎯ Stay Qreative retains the right to use all created work for the following purposes:

Providing samples to prospective clients.
Displaying the project process.
Showcasing the final work on Stay Qreative's website, social media platforms, and promotional materials.
- None of your confidential information will be shared, and your security will not be compromised in any way.

15. PAYMENT TERMS

Stay Qreative offers three social media management packages you can choose from upon signing this agreement. Payments can be set up as automatic weekly, fortnightly, or monthly installments (annual payments will receive a 5% discount). Payments are due before the start of each service period (week/fortnight/month). The first month's payment of one of Stay Qreative's Set Package and a Scheduling Platform Onboarding Fee will be required upfront.

Payment Methods ⎯ Payment will be made through PayID, PayPal, or bank transfer. Details will be included in your invoices.

Late Payments ⎯

Payments are due upon receipt of the invoice.
A 72-hour grace period is offered.
If payment is not received within 72 hours, services will be placed on hold until full payment is received.
Payments more than 7 days late may result in termination of services and late fees. Late fees are $100 for every 7 days payment is outstanding.
Recurring late payments may result in the termination of the contract and a fee of 50% of the remaining contract balance (outlined in Section 14).

Discounts ⎯

Only Stay Qreative's 6 and 12-month contracts on all three Standard Packages are discounted.
A 5% discount is applied to annual payments.
Referrals provided by you will earn you a 20% discount on your next month's service. Your referee must mention your name during their discovery call to qualify.

Management Add-Ons ⎯ Stay Qreative reserves the right to bill additionally for any application development, additional posting, or work outside of included services upon mutual agreement. All additional invoices are due within 3 days of issuance.

Refunds, Transfers, and Holds ⎯ Due to the customised nature of the service, automatic posting features, and upfront market research involved, refunds, design transfers, or holds on project deliverables are not available once the contract commences. Clients will be charged the normal rate per month for any hold on posting or delaying the start of service beyond the agreed-upon date.

16. TERMINATION

This section outlines the procedures for terminating this Agreement by either party.

Client-Initiated Termination:

During Contract Period

To terminate the Agreement during the agreed-upon contract period, the Client must follow these steps:

Provide a minimum of four weeks written notice via email to aimeejoe@stayq.au.
Full payment is required for all pre-planned content created by Stay Qreative, including scheduled posts, approved content, and any drafted material—whether or not it has been submitted to the client—covering the month of termination and any additional weeks that have been planned in advance.
Pay 50% of the remaining contract fee for any unplanned months remaining in the contract.

At Contract End

If termination occurs at the end of a defined 3, 6, or 12-month contract period, no termination payout fee is required.

Stay Qreative Initiated Termination:

Client Obligations ⎯ In the event of termination by Stay Qreative, all pre-planned and approved posts for the Client's account will continue to be posted until the end of the pre-planned month.

Notice to Client ⎯ Stay Qreative will provide a minimum of four weeks written notice to the Client in the event of termination.

Reasons for Termination

Either party may terminate this Agreement at any time for the following reasons:
- Mutual Termination: Either party may terminate the Agreement with 4 weeks' written notice to ensure the completion of ongoing projects.
- Material Breach: Either party may terminate the Agreement immediately for a material or persistent breach of obligations under this Agreement. If the breach can be remedied, a 7-day cure period applies after discovery of the breach.
- Insolvency: This Agreement may be terminated if the other party becomes insolvent.

Additional Termination Rights by Stay Qreative:

Late payment of invoices.
Failure to provide requested information.
Failure to provide adequate instructions.
Instructions that conflict with another client's interests.
Conflict of interest.
Legal or regulatory limitations on Stay Qreative's ability to provide services.
Any other reasonable and just cause.
Financial Obligations Upon Termination
- In the event of termination, the Client will be responsible for:
  - Charges for content in progress (to be delivered to the Client).
  - Approved work completed but not yet published or scheduled for publication.
  - Expenses incurred by Stay Qreative up to the date of termination.
  - Reasonable costs and expenses associated with the early termination.

17. SOCIAL MEDIA ADS

The client understands that Stay Qreative provides a specific Ad Spend for the Accelerate and Empower Set Package, and not custom packages. All Online Ads in custom packages OR Ad budgets that exceed Stay Qreative's Ad Spend inclusion are additional to Social Media Management services and paid to Meta NOT Stay Qreative.

18. DEDICATED ACCOUNT MANAGER

During the initial one-month strategy and onboarding phase, Aimee Joe will serve as your main point of contact and oversee the development of your social media direction. Following this phase, your account may be assigned a dedicated account manager from our team to handle communication and implementation. Please note that your assigned account manager may be changed or rotated at any point during the agreement, based on team availability, project needs, or internal scheduling. Regardless of changes, the quality and continuity of service will be maintained to ensure consistent support and results throughout the duration of our engagement.

19. CONTACT HOURS & AVAILABILITY

While Stay Qreative strives to respond to client inquiries promptly, the available times for communication are Monday to Friday: 10:00 AM - 5:00 PM (AEST/AEDT). Communication outside these hours will be responded to during the next business day.

Out-of-Office ⎯ Stay Qreative will make a reasonable effort to inform you in advance of any planned downtime or out-of-office periods that may impact their ability to respond to enquiries or deliver services.

Other Clients ⎯ Stay Qreative manages social media accounts for several clients. They will treat all client information with confidentiality and ensure no competitive advantage is given to any one client.

Service Interruptions ⎯ In the event of unforeseen circumstances that cause service interruptions, Stay Qreative will communicate promptly and take all reasonable steps to minimise any disruption to your social media management.

20. ELECTRONIC COMMUNICATIONS

All communication regarding this Agreement, including project details, content approval, and revisions, will be conducted electronically via email or Whatsapp to your dedicated manager.

21. FORCE MAJEURE

Neither party will be held liable for any delays or failures in performance under this Agreement due to acts or events beyond their reasonable control, such as acts of God, natural disasters, terrorism, civil unrest, war, strikes, or governmental regulations.

22. GOVERNING LAW AND JURISDICTION

This Agreement shall be governed by and construed in accordance with the laws of the State of Victoria, Australia, including the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law (ACL). The parties agree that any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of Victoria, Australia.

By signing below, the parties acknowledge that they have read and understood this Agreement and agree to be bound by its terms and conditions.