XCEL CREATIVE STUDIOS

TERMS OF SERVICE

Effective Date: 15 October 2026

Business: Xcel Creative Studios
ABN: 12 484 955 929
Website: https://www.xcelcreativestudios.com
 

These Terms of Service govern the provision of creative, production, technical, marketing and related services by Xcel Creative Studios.
 

By accepting a quote, signing an agreement, paying an invoice or otherwise instructing Xcel Creative Studios to commence work, the Client agrees to these Terms of Service.
 

1. DEFINITIONS

In these Terms of Service:

Agreement means these Terms of Service together with any accepted quote, proposal, booking confirmation, invoice, statement of work or other written agreement applicable to the Services.

Client means the individual, business, organisation or other entity engaging Xcel Creative Studios.

Xcel Creative Studios, Xcel, XCS, we, us or our means Xcel Creative Studios, ABN 12 484 955 929.

Business Day means a day other than a Saturday, Sunday or public holiday in South Australia.

Final Product means the final edited, produced or completed creative deliverables expressly included in the agreed Project Scope.

Raw Files means unedited or original footage, photographs, audio recordings, project files, source files, working files, drafts, unused material and other production assets that have not been expressly included in the Project Scope.

Project Scope means the agreed services, deliverables, formats, quantities, duration, locations, production requirements, inclusions, exclusions and delivery timelines recorded in the accepted quote or other written agreement.

Outstanding Balance means any amount invoiced or otherwise payable by the Client that remains unpaid, including applicable GST and any lawful charges payable under the Agreement.

Publication means posting, uploading, sharing, forwarding, broadcasting, screening, distributing, advertising, exhibiting, displaying or otherwise communicating any part of a Final Product through physical or digital channels, including social media, websites, online platforms, paid advertising and other promotional channels.

Services means the creative, photographic, videographic, technical, production, marketing, strategic, consulting or other services agreed between the parties.

Producers means any personnel engaged by Xcel Creative Studios to assist with or deliver the Services.

Subcontractors means third-party individuals or businesses engaged by Xcel Creative Studios to provide part of the Services.

Excluded Materials means materials that are not transferred to the Client under the intellectual property provisions of this Agreement, including pre-existing tools, templates, systems, methods, software, workflows and third-party materials.
 

2. ACCEPTANCE AND APPLICATION

2.1 Acceptance of Terms

These Terms of Service apply to all Services supplied by Xcel Creative Studios unless expressly varied in writing in accordance with this Agreement.

The Client accepts these Terms by accepting a quote, signing a proposal, paying a deposit or invoice, confirming a booking, instructing Xcel Creative Studios to proceed or otherwise authorising work to commence.

2.2 Project-Specific Agreements

The Project Scope, pricing, deliverables and relevant project requirements will be set out in the applicable quote, proposal, booking confirmation, invoice or written agreement.

Where a project-specific document expressly varies a provision of these Terms, the specific variation will apply to the extent of the inconsistency, provided the variation has been approved in accordance with clause 2.3.

2.3 Approval of Variations

Any variation, exception or amendment to these standard Terms of Service must be expressly approved in writing by Danny James Stewart-Kladianos, Creative Director and Head of Strategy of Xcel Creative Studios.

No verbal discussion, informal conversation, assumption, course of dealing or communication from another Producer or Subcontractor will amend these Terms unless the required written approval has been provided.

The approved variation must identify the relevant change and the project to which it applies. The Client must also accept the variation in writing before it takes effect.

2.4 Client Authority

The person accepting the Agreement on behalf of a business or organisation warrants that they have authority to bind that Client to the Agreement.

2.5 Entire Agreement

The Agreement represents the agreed terms between the parties for the relevant project and supersedes previous discussions or representations about the same subject, except for any express written variation made under clause 2.3.
 

3. SERVICES AND PROJECT SCOPE

3.1 Agreed Services

Xcel Creative Studios will provide the Services described in the accepted Project Scope.

Services may include, where expressly agreed, photography, videography, event coverage, editing, social media content, creative direction, marketing, lighting design, sound, technical direction, livestreaming, stage production, projection design, show control and other creative or technical services.

3.2 Changes to Scope

Any additional work, deliverables, filming time, revisions, locations, production requirements or other changes outside the agreed Project Scope may incur additional charges.

Xcel Creative Studios will communicate material scope changes and any applicable additional fees to the Client for approval where reasonably practicable before undertaking the additional work.

3.3 Revisions and Approvals

The number of drafts, revision rounds and approval stages included in a project will be specified in the Project Scope.

Unless otherwise agreed, revisions are limited to reasonable amendments to the agreed brief. A request that materially changes the original concept, direction, deliverables or approved content may be treated as additional work.

The Client is responsible for reviewing drafts and providing clear, consolidated feedback within any agreed review period.

3.4 Creative Discretion

The Client acknowledges that creative Services involve professional judgement and artistic interpretation.

Xcel Creative Studios will use reasonable professional skill and care to deliver work consistent with the agreed brief. However, subjective preferences, personal opinions or differences in creative taste do not automatically constitute a failure to perform the Services.

3.5 Third-Party Dependencies

Project delivery may depend on venues, suppliers, talent, event organisers, platforms, equipment providers or other third parties.

Xcel Creative Studios is not responsible for delays or failures caused by circumstances outside its reasonable control, subject to applicable law and the other provisions of this Agreement.
 

4. FEES, GST AND PAYMENT

4.1 Fees and GST

Unless expressly stated otherwise in a written quote or agreement, all fees, rates, deposits and other amounts quoted by Xcel Creative Studios are exclusive of Goods and Services Tax (GST).

Where GST is applicable, it will be added to the quoted amount and payable by the Client.

Xcel Creative Studios is registered for GST in Australia and will issue tax invoices in accordance with applicable Australian taxation laws.

4.2 Invoicing and Payment Due Dates

Xcel Creative Studios uses Xero for accounting, invoicing and financial administration.

Each invoice will specify its payment due date. The Client must pay the invoice in full by that date.

Where a quote, written agreement or other express written arrangement establishes a different payment schedule, that arrangement will apply to the extent of any inconsistency.

4.3 Deposits and Booking Fees

Where a deposit or booking fee is specified in a quote or invoice, the Client must pay that amount by the stated due date.

A booking is not confirmed until any required deposit or booking fee has been received and Xcel Creative Studios has confirmed the booking, unless otherwise agreed in writing.

Any deposit described as non-refundable is subject to applicable law and the cancellation provisions of this Agreement.

4.4 Payment Methods

Xcel Creative Studios may accept the following payment methods:

• Credit and debit card payments;

• Apple Pay;

• Google Pay;

• Bank transfer; and

• PayTo.

Xcel Creative Studios uses Stripe for payment processing where applicable. The payment methods available for a particular invoice will be those offered or specified at the time of payment.

Electronic payment options are subject to the relevant provider's availability, terms and processing requirements.

Any payment processing fees charged to the Client must be disclosed and applied only where permitted by applicable law.

4.5 Early Publication and Accelerated Payment

If the Client, or a person authorised by the Client, Publishes any part of a Final Product before the otherwise applicable payment due date, the entire Outstanding Balance of the relevant invoice becomes immediately due and payable within twenty-four (24) hours after the first Publication.

For the avoidance of doubt, Publication includes posting, uploading, sharing, forwarding, broadcasting, screening, distributing, advertising, exhibiting, displaying or otherwise communicating any part of the Final Product through physical or digital channels, including social media, websites, online platforms, paid advertising and other promotional channels.

This clause applies whether Publication is undertaken by the Client directly or by a person acting with the Client's authority.

4.6 Failure to Pay

If the Client fails to pay an invoice by its due date, Xcel Creative Studios may, subject to applicable law and the terms of the Agreement:

(a) suspend or postpone Services;

(b) withhold delivery of Final Products;

(c) withhold any applicable Usage Rights until payment is received in full;

(d) postpone future bookings or decline additional work; and

(e) pursue lawful recovery of the Outstanding Balance.

Any suspension or withholding under this clause will be exercised only to the extent permitted by the Agreement and applicable law.

4.7 Overdue Invoices, Late Fees and Debt Recovery

If an Outstanding Balance remains unpaid after its stated due date, Xcel Creative Studios may apply the following late fees, subject to applicable law:

(a) Days 1–14 overdue: No percentage-based late fee applies under this clause.

(b) 15 days overdue: A late fee of fifteen percent (15%) of the outstanding principal may apply.

(c) 30 days overdue: The late fee increases to thirty percent (30%) of the outstanding principal, replacing the fifteen percent (15%) late fee. The fees are not cumulative, and the maximum late fee under this clause is thirty percent (30%) of the outstanding principal. No further percentage-based late fees will apply under this clause.

(d) 50 days overdue: If the Outstanding Balance remains unpaid fifty (50) calendar days after its original due date, Xcel Creative Studios will arrange referral of the outstanding debt to a debt collection agency or commence other lawful debt recovery action.

Any reasonable debt collection or recovery costs incurred as a result of that action will be invoiced to the Client, but only to the extent those costs are legally recoverable.

Xcel Creative Studios may waive or reduce a late fee in writing and may suspend Services or withhold delivery of Final Products or Usage Rights where permitted by the Agreement and applicable law.

Nothing in this clause requires payment of a fee or cost that is prohibited by law or unenforceable.

4.8 Disputed Invoices

If the Client disputes an invoice, the Client must notify Xcel Creative Studios in writing as soon as reasonably practicable, identifying the disputed amount and the reasons for the dispute.

The parties will attempt to resolve the dispute in good faith. Unless otherwise agreed or required by law, the Client must pay any undisputed portion of the invoice by the applicable due date.

4.9 Additional Expenses

Unless expressly included in the Project Scope, the Client may be charged for approved additional expenses reasonably incurred in providing the Services, including travel, accommodation, parking, freight, external suppliers, talent, venue charges, permits, specialist equipment and other project-related costs.

Where reasonably practicable, material additional expenses will be disclosed to the Client for approval before they are incurred.

4.10 Accounting and Payment Processing

Xcel Creative Studios uses Xero for accounting, invoicing and financial administration and Stripe for payment processing where applicable.

The Client must ensure that payment is made using an accepted method and that the full amount due is received by the applicable payment due date.

Any electronic payment is subject to the applicable provider's processing times and requirements. Initiating a payment does not necessarily mean the invoice has been paid; payment is treated as received when the relevant funds have been successfully received or cleared, as applicable.
 

5. DELIVERY AND FINAL PRODUCTS

5.1 Delivery Timelines

Estimated delivery dates and turnaround times will be stated in the Project Scope or otherwise agreed in writing.

Delivery timelines may depend on the Client providing required information, approvals, access, feedback, materials and payments on time.

Where a delay is caused by the Client or circumstances outside Xcel Creative Studios' reasonable control, the delivery timeline may be extended by a reasonable period.

5.2 Delivery Formats

Final Products will be delivered in the formats, resolutions, aspect ratios and quantities expressly included in the Project Scope.

Any additional export, format, version, language, cutdown, caption, platform adaptation or other deliverable not included in the Project Scope may incur additional charges.

5.3 Raw Files and Working Materials

Unless expressly agreed in writing, Raw Files, source files, project files, unused footage, rejected photographs, working documents, editable timelines and internal production materials are not included in the Services or Final Products.

The Client may request these materials separately, subject to Xcel Creative Studios' agreement and any applicable additional fees, third-party restrictions and technical limitations.

5.4 Client Review and Feedback

The Client must review supplied drafts and Final Products promptly and provide any required feedback within the agreed review period.

Where no review period has been agreed, the Client must provide feedback within a reasonable time.

Delays in feedback or approval may affect the delivery schedule and may require rescheduling or additional work.

5.5 Storage and Archiving

Unless otherwise agreed in writing, Xcel Creative Studios does not guarantee indefinite storage or availability of Raw Files, project files or delivered materials.

The Client is responsible for downloading, backing up and securely storing Final Products after delivery.

Xcel Creative Studios may delete or archive project materials in accordance with its ordinary business practices, subject to applicable legal obligations.
 

6. CLIENT RESPONSIBILITIES

6.1 Accurate Information

The Client must provide accurate, complete and timely information, instructions, materials and approvals reasonably required to perform the Services.

Xcel Creative Studios is not responsible for errors or delays caused by inaccurate, incomplete or late information supplied by the Client.

6.2 Access and Permissions

The Client must obtain all permissions, approvals, licences, releases, venue access and other authorisations required for the Services, except where the Project Scope expressly assigns a particular responsibility to Xcel Creative Studios.

The Client must ensure that Xcel Creative Studios and its personnel can safely and lawfully access relevant locations and perform the agreed work.

6.3 Client-Supplied Materials

The Client warrants that it has the necessary rights and permissions to supply and authorise the use of any photographs, footage, music, logos, artwork, trademarks, recordings, personal information or other materials provided to Xcel Creative Studios.

The Client is responsible for any claims arising from materials or instructions supplied by the Client, to the extent such claims result from the Client's breach of this warranty and subject to applicable law.

6.4 Participants and Releases

Where the Client is responsible for organising an event, production or filming environment, the Client must take reasonable steps to inform relevant participants that photography, filming, recording or other content capture may occur.

The parties will agree in writing who is responsible for obtaining any necessary participant releases, talent permissions, parental or guardian consents, location permissions and other authorisations.

Nothing in this clause removes any legal obligation that applies directly to either party.

6.5 Client Delays

If the Client fails to provide information, access, materials, decisions or approvals necessary for the Services, Xcel Creative Studios may adjust the schedule and, where additional work or costs arise, charge reasonable additional fees as agreed or otherwise permitted under the Agreement.
 

7. EQUIPMENT, VENUES AND TECHNICAL SERVICES

7.1 Equipment and Production Resources

Xcel Creative Studios may supply cameras, lenses, lighting, sound equipment, computers, control systems and other production equipment as required by the Project Scope.

Equipment provided by Xcel Creative Studios remains its property unless otherwise agreed in writing.

7.2 Equipment Care and Damage

The Client must take reasonable steps to protect Xcel Creative Studios' equipment from damage, theft, unauthorised use and interference by the Client's personnel, guests, venue personnel and other persons under the Client's control.

Responsibility for loss or damage will be assessed based on the circumstances, applicable law and the parties' respective acts or omissions.

The Client is not automatically liable for damage caused by ordinary wear and tear, a pre-existing defect or circumstances for which the Client is not legally responsible.

7.3 Venue and Technical Requirements

The Client must advise Xcel Creative Studios of relevant venue requirements, access restrictions, power limitations, rigging requirements, safety procedures, noise restrictions, curfews and other technical or operational conditions.

Any equipment, personnel, technical facilities or services not included in the Project Scope may require additional fees.

7.4 Safety and Compliance

All parties must comply with applicable workplace health and safety laws, venue rules and reasonable safety directions.

Xcel Creative Studios may stop, suspend or modify work where it reasonably considers that continuing would present a safety risk, breach a legal requirement or expose personnel or equipment to unreasonable danger.

Where practicable, Xcel Creative Studios will communicate the issue and discuss a safe alternative with the Client.

7.5 Haze, Smoke and Special Effects

Where atmospheric haze, smoke effects or similar equipment are approved for use, the parties must follow applicable venue rules, equipment instructions and safety requirements.

The Client or venue must disclose relevant fire detection systems, alarm requirements and operational restrictions before the equipment is used.

Where agreed as part of the Project Scope, the designated venue representative or responsible operator must confirm the applicable alarm arrangements and ensure that haze or smoke equipment is switched off when required.

Xcel Creative Studios is not responsible for an alarm activation, evacuation, venue charge or other loss to the extent it results from inaccurate information, missing permissions, a venue system, an action by another party or circumstances outside Xcel Creative Studios' reasonable control.

Nothing in this clause excludes liability that cannot lawfully be excluded.

7.6 Technical Limitations

Live events, performances, livestreams and technical productions may be affected by venue conditions, equipment failure, power interruptions, network issues, performer actions, audience interference and other unpredictable factors.

Xcel Creative Studios will exercise reasonable professional care but does not guarantee that every live or recorded technical element will operate without interruption or error.
 

8. INTELLECTUAL PROPERTY AND USAGE RIGHTS

8.1 Ownership of Final Products

Subject to clause 8.2 and any applicable third-party rights, ownership of copyright and transferable intellectual property rights in the Final Products created specifically for the Client will transfer to the Client once all amounts due for the relevant project have been paid in full.

Until full payment is received, ownership will remain with Xcel Creative Studios to the extent permitted by law, and the Client must not treat unpaid Final Products as having been transferred.

This clause does not transfer ownership of Excluded Materials or third-party materials.

8.2 Excluded Materials and Third-Party Rights

Xcel Creative Studios retains ownership of its pre-existing materials, tools, templates, methods, workflows, systems, know-how, software, production techniques and other materials developed independently of the project.

Third-party materials, including stock content, music, fonts, software, plugins, platform assets and licensed content, remain subject to their respective ownership and licence terms.

Where such materials are incorporated into a Final Product, the Client receives only the rights available under the applicable third-party licence or as otherwise agreed in writing.

8.3 Raw Files and Source Materials

Unless expressly included in the Project Scope or separately agreed in writing, the transfer of ownership in Final Products does not include Raw Files, source files, editable project files, unused footage, rejected photographs, working documents or internal production assets.

8.4 Portfolio and Promotional Use

Unless the Client and Xcel Creative Studios agree otherwise in writing before the Services commence, Xcel Creative Studios may use completed Final Products and reasonable excerpts, stills or behind-the-scenes material from the project to showcase its work, promote its services and demonstrate its capabilities.

This may include use on the Xcel Creative Studios website, portfolio, showreel, social media, proposals, presentations, industry awards and other business promotional materials.

Where the Client requires confidentiality or wishes to restrict portfolio use, the restriction must be agreed in writing before the Services commence.

Xcel Creative Studios will not knowingly disclose the Client's confidential information contrary to the Agreement or applicable law.

8.5 Client-Supplied Intellectual Property

The Client grants Xcel Creative Studios a limited, non-exclusive right to use materials supplied by the Client to the extent reasonably necessary to perform the Services.

The Client warrants that it has authority to grant this permission and that the authorised use of the materials will not knowingly infringe another person's rights.

8.6 Third-Party Platforms and Licences

The Client is responsible for ensuring that its subsequent use of Final Products complies with applicable third-party platform rules, music licences, talent agreements, venue conditions and other restrictions that apply to its intended use.

Ownership of a Final Product does not automatically grant ownership of, or unrestricted rights to, any third-party materials incorporated into it.

8.7 Moral Rights and Attribution

Each party will comply with applicable moral rights laws.

Where reasonably practicable, the parties will obtain any consents or permissions required for the intended use of relevant creative materials. Nothing in this Agreement purports to waive a right that cannot lawfully be waived.

8.8 Artificial Intelligence-Assisted Workflows

Xcel Creative Studios may use artificial intelligence-assisted tools for appropriate production and business activities, including research, planning, drafting, transcription, organisation, editing assistance and other workflow support.

Xcel Creative Studios will use reasonable care when incorporating AI-assisted outputs into the Services. The extent of human review will depend on the nature of the task and the agreed Project Scope.

AI-assisted tools may be subject to their own terms, limitations and data-handling practices. Xcel Creative Studios will take reasonable steps to handle Client materials appropriately and will not knowingly represent an AI-generated output as independently verified where verification is material to the agreed task.

The Client must disclose any material restrictions on the use of AI tools before work commences if those restrictions are a requirement of the project.
 

9. THIRD-PARTY COLLABORATION AND PUBLICATION

9.1 Third-Party Services

Xcel Creative Studios may engage suitably qualified Producers or Subcontractors where reasonably necessary to deliver the Services.

Unless otherwise agreed, Xcel Creative Studios remains responsible for managing the Services it has agreed to provide, subject to the terms of the Agreement.

9.2 Client Engagement with Third Parties

The Client remains responsible for its own agreements, payments, permissions and instructions involving third parties, except where the Project Scope expressly assigns those responsibilities to Xcel Creative Studios.

9.3 Social Media and Platform Performance

Xcel Creative Studios does not guarantee specific views, reach, engagement, audience growth, sales, conversions, media coverage or other commercial outcomes unless a particular measurable outcome is expressly agreed in writing.

Platform algorithms, audience behaviour, account restrictions, advertising policies and other factors outside Xcel Creative Studios' control may affect performance.

9.4 Client Publication

The Client is responsible for ensuring that its publication and distribution of Final Products complies with applicable laws, platform policies, advertising requirements and third-party licence conditions.

Where the Client publishes a Final Product before paying the relevant invoice in full, clause 4.5 applies.
 

10. LIABILITY, WARRANTIES AND INSURANCE

10.1 Professional Care

Xcel Creative Studios will perform the Services with reasonable professional skill and care, consistent with the agreed Project Scope and applicable law.

10.2 No Unlawful Exclusion

Nothing in this Agreement excludes, restricts or modifies any consumer guarantee, statutory right, remedy or liability that cannot lawfully be excluded, restricted or modified under applicable law, including the Australian Consumer Law.

10.3 Limitation of Liability

To the extent permitted by law, Xcel Creative Studios will not be liable for indirect or consequential loss, loss of anticipated profit, loss of opportunity, loss of business, loss of goodwill or loss of data arising from the Services.

This exclusion does not apply to the extent such loss is not legally excludable or arises from liability that cannot lawfully be limited.

10.4 Client and Third-Party Conduct

To the extent permitted by law, Xcel Creative Studios is not responsible for loss, delay or damage caused by the Client, venue operators, event organisers, performers, guests, third-party suppliers, platform operators or other persons outside its reasonable control.

This clause does not exclude liability for Xcel Creative Studios' own conduct where that liability cannot lawfully be excluded.

10.5 Public Liability Insurance

Xcel Creative Studios maintains public liability insurance with QBE with a stated cover amount of AUD $20,000,000, subject to the terms, conditions, exclusions and limits of the applicable insurance policy.

The existence of insurance does not expand or replace any liability allocation or limitation set out in this Agreement, subject to applicable law.

10.6 Indemnity

To the extent permitted by law, the Client is responsible for losses, claims and reasonable costs suffered by Xcel Creative Studios to the extent they arise from the Client's unlawful conduct, infringement of third-party rights, breach of the Agreement or negligent acts or omissions.

This clause does not require the Client to indemnify Xcel Creative Studios for losses caused by Xcel Creative Studios' own negligence, unlawful conduct or breach, except to the extent permitted by law.
 

11. CANCELLATION, RESCHEDULING AND FORCE MAJEURE

11.1 Client Cancellation

If the Client cancels a project or booking, the Client remains responsible for:

(a) fees for Services performed up to the effective cancellation date;

(b) reasonable, non-recoverable costs and third-party commitments incurred for the project; and

(c) any cancellation fee expressly agreed in writing, to the extent enforceable under applicable law.

For event bookings cancelled within three (3) Business Days before the scheduled event, Xcel Creative Studios may charge a cancellation fee of up to thirty percent (30%) of the total agreed fee before discretionary discounts, provided the amount is reasonable in the circumstances and permitted by applicable law.

Any deposit or booking fee already paid will be credited against amounts properly payable. Xcel Creative Studios will not charge the same loss twice or retain amounts where doing so would be unlawful.

11.2 Rescheduling

Requests to reschedule are subject to availability and written confirmation by Xcel Creative Studios.

Rescheduling may result in additional costs where personnel, equipment, venues, travel or third-party suppliers have already been booked or costs have been incurred.

11.3 Cancellation by Xcel Creative Studios

If Xcel Creative Studios cannot provide the agreed Services and no reasonable alternative or rescheduling arrangement can be agreed, it will discuss the available options with the Client.

Any refund or other remedy will be determined in accordance with the Agreement and applicable law.

11.4 Force Majeure

Neither party will be responsible for a failure or delay to the extent caused by circumstances beyond its reasonable control, including natural disasters, severe weather, fire, flood, epidemic, government action, industrial action, venue closure, major utility failure or other comparable events.

The affected party must notify the other party as soon as reasonably practicable and take reasonable steps to minimise the impact.

The parties will attempt to agree on rescheduling, alternative arrangements or another reasonable solution. Any fees, refunds or cancellation costs remain subject to applicable law and the express terms of the Agreement.
 

12. CONFIDENTIALITY AND PRIVACY

12.1 Confidential Information

Each party must take reasonable steps to protect the other party's confidential information obtained in connection with the Services and must not disclose it except as reasonably required to perform the Agreement, with permission, or as required by law.

Information that is publicly available other than through a breach of confidence, already lawfully known or independently developed is not confidential merely because it was shared during the project.

12.2 Personal Information

Each party must comply with privacy laws applicable to it in connection with personal information handled during the project.

Xcel Creative Studios may use appropriate business systems and service providers to manage enquiries, bookings, invoicing, communications, production and delivery, subject to applicable privacy obligations and the relevant providers' terms.

12.3 Data and Account Security

The Client is responsible for providing accurate contact details and ensuring that it has appropriate access to accounts, platforms and files needed for the project.

Each party must take reasonable steps to protect access credentials and confidential materials within its control.
 

13. DISPUTES

13.1 Good-Faith Resolution

If a dispute arises, the parties will first attempt to resolve it through good-faith discussion.

The party raising the dispute should provide written notice describing the issue and the outcome sought.

13.2 Further Resolution

If the dispute cannot be resolved through direct discussion, the parties may agree to mediation or another appropriate dispute resolution process before commencing legal proceedings, except where urgent relief is required or a party needs to take lawful steps to protect its rights.

Nothing in this clause prevents either party from exercising a statutory right or remedy.
 

14. GENERAL TERMS

14.1 Governing Law

This Agreement is governed by the laws of South Australia, Australia. The parties submit to the jurisdiction of the courts competent to hear matters in South Australia, subject to any mandatory legal requirements.

14.2 Notices

Notices under this Agreement may be sent to the email addresses or other contact details provided by the parties for the project.

Each party must promptly notify the other of any material change to its contact details.

14.3 Assignment

The Client must not assign or transfer its rights or obligations under the Agreement without the prior written consent of Xcel Creative Studios, except where applicable law provides otherwise.

Xcel Creative Studios may engage Producers or Subcontractors in accordance with this Agreement but remains responsible for the Services it has agreed to provide, subject to applicable law.

14.4 Severability

If any provision of this Agreement is found to be invalid, unlawful or unenforceable, that provision will be severed or limited to the minimum extent necessary, and the remaining provisions will continue to apply to the extent legally possible.

14.5 Waiver

A failure or delay by either party to exercise a right under this Agreement does not constitute a waiver of that right.

A waiver is effective only to the extent expressly given and permitted by law.

14.6 Amendments

Any amendment to these standard Terms of Service must comply with clause 2.3.

Project-specific changes must be documented and accepted in writing by the parties.

14.7 Electronic Acceptance

Acceptance of a quote, proposal, invoice or Agreement electronically, including by email or an electronic signature platform, may constitute acceptance where permitted by law.

14.8 Survival

Any provision that by its nature is intended to continue after completion, termination or cancellation of the Services will continue to apply, including provisions relating to payment obligations, intellectual property, confidentiality, liability, dispute resolution and applicable legal rights.
 

15. ACKNOWLEDGEMENT

By accepting a quote, signing an agreement, paying a deposit or invoice, confirming a booking or instructing Xcel Creative Studios to commence work, the Client acknowledges that it has had the opportunity to read these Terms of Service and agrees to be bound by them, subject to applicable law and any approved written variations.
 

Xcel Creative Studios
ABN: 12 484 955 929
Website: https://www.xcelcreativestudios.com