Terms and Conditions for Hive Media Group Pty Ltd
Last updated 3/2/2026
1. Definitions and Interpretation
1.1. “HMG” refers to Hive Media Group Pty Ltd (ABN 41 645 172 256), its successors and assigns, or any person acting on behalf of and with HMG’s authority.
1.2. “Client” means the individual(s) or entity purchasing the Service(s), as specified in any invoice, document, or order. If there is more than one Client, each is jointly and severally bound.
1.3. Collateral means all present and after acquired property, interests, rights and proceeds in respect of which the Client has at any time had sufficient rights to grant a Security Interest or charge.
1.4. Non PPSA Property means property:
1.4.1. which is not personal property as defined in the PPSA; or
1.4.2. to which the PPSA does not apply.
1.5. PPSA means the Personal Property Securities Act 2009 (Cth).
1.6. PPSR means the Personal Property Securities Register.
1.7. “Price” is the payment amount agreed upon for the Service between HMG and the Client.
1.8. “Proposal” is a document from us outlining the Service(s).
1.9. Security Interest means any third-party interest or encumbrance of any nature whatsoever including (without limitation):
1.9.1. a mortgage, charge, pledge, lien or title retention arrangement;
1.9.2. a right of setoff or right to withhold the payment of a deposit or other money;
1.9.3. a right of any person to purchase, occupy or use an asset (including under an option, agreement to purchase, licence, lease or hire purchase);
1.9.4. an easement, restrictive covenant, caveat or similar restriction over property (except an easement or covenant whose burden is noted on the certificate of title to the land concerned);
1.9.5. a trust or other third party interest;
1.9.6. a security interest within the meaning of section 12 of the PPSA; and
1.9.7. an agreement to create any of the above or to allow any of them to exist.
1.10. “Service” encompasses all Services, Goods, Materials, and Works provided by HMG at the Client’s request (these terms shall be interchangeable as appropriate) as specified and mutually agreed by the parties.
1.11. Singular words include the plural and vice versa.
1.12. Gendered terms include all genders.
1.13. Any reference to a person includes their executors, administrators, agents, and assigns; for a company, it includes successors or permitted assigns.
1.14. Terms referring to individuals apply to companies and bodies corporate and vice versa.
2. Acceptance
2.1. The Client accepts and is immediately bound by these terms by either accepting the Service(s) or making a payment to HMG (whichever occurs first), thereby indicating acceptance of the Proposal provided alongside these Terms.
2.2. Amendments to these terms require HMG’s written consent and will prevail over any conflicting terms in other agreements or documents between HMG and the Client.
2.3. If:
2.3.1. the Client requests a variation (in writing);
2.3.2. an unforeseeable issue requires a variation; or
2.3.3. a variation is implemented,
HMG will issue a written variation document outlining the updated Service, Price, estimated timeframe, and any delay. The Client’s written acceptance is required before any variation work proceeds.
3. Price and Payment
3.1. Unless agreed otherwise, the Client subscribes to the Services for six (6) months, billed monthly in advance.
3.2. One-off services, such as training, will be invoiced in advance with payment required within seven (7) days unless otherwise agreed. Work will begin upon receipt of payment.
3.3. If payment for training is not received 24 hours before the scheduled date, HMG will not provide the Training Services.
3.4. Work outside the Agreement and Proposal is billed at $180 per hour, with a one-hour minimum.
3.5. Hosting services are billed annually in advance unless otherwise agreed.
3.6. At HMG’s discretion, the Price may be as indicated in the Proposal (valid for 30 days unless otherwise stated) or on any issued invoice, payable within seven (7) days.
3.7. Variations from the original Proposal will incur additional charges shown as variations on the invoice.
3.8. Payment terms are essential. Full payment is due upon completion of Service or invoicing, unless otherwise stated, in which case payment options may include:
3.8.1. Seven (7) days from invoice;
3.8.2. Agreed instalment terms;
3.8.3. Seven (7) days from the date of any issued invoice.
3.9. Payment methods include cash, cheque, bank transfer, or credit card (with a surcharge of up to 3%).
3.10. Unless stated otherwise, the Price excludes GST. GST and other applicable taxes must be paid with the Price, unless expressly included.
3.11. This Agreement remains incomplete until:
3.11.1. the Client has paid all amounts due to HMG; and
3.11.2. the Client has met all obligations under this Agreement.
3.12. Non-cash payments are not deemed final until honoured and cleared. HMG’s rights remain effective until payment is completed.
3.13. The Client authorises HMG to debit their nominated credit card (or any replacement card provided by the Client) for any fees, charges or amounts payable in connection with the Services, including but not limited to third-party advertising costs, platform fees, media spend, and any other related charges incurred in delivering the Services. The Client warrants that the credit card details provided are accurate, valid, and will have sufficient available funds or credit to cover all such charges as and when they fall due.
3.14. The Client further agrees and acknowledges that:
3.14.1. HMG may process such debits without further notice to the Client, provided the amounts are properly incurred in accordance with this Agreement;
3.14.2. if any payment is declined, dishonoured or returned due to insufficient funds, expired card details, or any other reason, the Client remains fully responsible for the outstanding amount;
3.14.3. HMG may charge the Client any reasonable administrative or recovery costs, bank fees, or merchant charges incurred as a result of declined transactions or late payments; and
3.14.4. the Client indemnifies and must keep HMG indemnified against all loss, liability, costs and expenses (including legal costs on a full indemnity basis) arising directly or indirectly from any failed or delayed payment.
3.15. The Client must promptly notify HMG of any change to its credit card details and remain responsible for ensuring payments are not disrupted due to outdated or invalid payment information.
4. PPSR Charge
The Client agrees:
4.1. any amounts arising and accruing pursuant to this agreement are separate to any other arrangements, agreements or amounts owing to HMG;
4.2. it charges the Collateral to HMG to secure the due and punctual performance of the Client’s obligations under this agreement;
4.3. this charge constitutes:
4.3.1. a Security Interest over all present and after acquired property of the Client’s; and
4.3.2. a caveatable interest over all real property (present or future) of the Client’s.
4.4. if any law governing this agreement requires that some action be taken or some consent be obtained before a valid charge can be granted by the Client over any part of the Collateral, then this charge will only apply to that part of the Collateral once such action is taken or consent is obtained but will at all times apply to the relevant proceeds from that Collateral. The Client agrees to promptly do anything necessary to ensure that the relevant action is taken or consent is obtained and remains in force.
4.5. In respect of that part of the Collateral which the Client owns or will own, the Client grants this charge as a beneficial owner;
4.6. To the extent that the charge in clauses 4.2 and 4.3 and Security Interest relates to Non PPSA Property it will operate as a fixed charge rather than a floating charge in respect of such property.
4.7. For the avoidance of doubt, the Client and HMG agree that by reason of the operation of these terms, HMG may immediately:
4.7.1. register and rely on any caveat lodged in respect of any interest in Non PPSA Property including any real property comprising the Collateral;
4.7.2. register and rely on any Security Interest registered in the in its favour with respect to any interest in the Collateral.
4.8. If the Client defaults in respect of any payment obligations under this agreement, any amount outstanding pursuant to this agreement becomes due and payable immediately and the Client agrees that, without limiting HMG’s rights generally, HMG may take any steps that it considers appropriate with respect to the Collateral and the enforcement of the charge provided for in these charging terms.
4.9. If it is held by a Court of competent jurisdiction that:
4.9.1. any part of this agreement is void, voidable, illegal or unenforceable; or
4.9.2. this agreement would be void, voidable, illegal or unenforceable unless any part of these terms were severed,
that part shall be severed from and shall not affect the continued operation of the rest of the terms unless to do so would change the underlying principal commercial purposes of this agreement.
5. Third-Party Failures
5.1. HMG is not liable for any failure, downtime, or disruption caused by third-party software, platforms, or services, including but not limited to social media platforms, hosting providers, or advertising platforms.
6. Social Media and Email Marketing & Management
6.1. For social media marketing and email marketing, HMG will manage the Client’s social media presence (including platforms such as Facebook, Instagram, LinkedIn, Pinterest, Google Business Profile, and X) in accordance with the Proposal.
6.2. The Client acknowledges that each platform’s terms may lead to removal or refusal of advertisements. HMG will guide the Client in structuring ads, but HMG does not guarantee acceptance. HMG’s fees remain payable regardless of advertisement acceptance.
6.3. HMG provides no guarantee of increased sales or business through Social Media Marketing or Management and will not be held liable for any associated losses.
6.4. HMG reserves discretion in content deemed inappropriate, illegal, or in breach of this Agreement.
6.5. Social Media Management requires a six-month term unless otherwise agreed, renewing monthly thereafter. Written notice of 30 days is required for termination. Early termination incurs payment for the remainder of the initial period.
6.6. The Client is solely responsible for invoices issued by social media platforms, separate from HMG’s fees.
7. Digital Advertising
7.1. HMG will manage digital advertising services across platforms such as Google Ads, Facebook, LinkedIn, and Instagram to promote the Client’s business, per the Proposal.
7.2. The Client authorises HMG to create or access accounts necessary to perform these Services, with appropriate measures taken for data security and privacy.
7.3. HMG retains ownership of accounts until all payments are made. Administrative rights transfer to the Client once all obligations are met.
7.4. HMG provides no warranty that Client-requested content will be accepted by platforms or that advertising will yield specific outcomes.
7.5. Digital Advertising requires a six-month term, with 30 days’ notice for termination. Campaigns are built offline; early termination incurs fees for the remaining term.
7.6. The Client is solely responsible for digital advertising fees that may exceed budgeted amounts set by the platform provider.
7.7. HMG offers no warranty of sales, business activity, or profitability increases from Digital Advertising.
8. Website Design & Hosting
8.1. HMG will design, develop, and/or host the Client’s website per the Proposal. Transfer of hosting to HMG’s servers is available at $180 per hour plus GST.
8.2. The design requires a one-time payment, while hosting is billed annually. Hosting fees are non-refundable and payable within seven (7) days of invoicing.
8.3. Two rounds of revisions are included; additional revisions may incur further charges.
8.4. Once approved, further changes requested by the Client are considered outside the Proposal and subject to additional fees.
8.5. Hosting fees are due before commencement and upon renewal; failure to pay may result in service suspension or cancellation.
8.6. Hosting may be cancelled at any time, but fees incurred before cancellation remain payable.
8.7. Where maintenance including backups, rollbacks, updates or server replacements are required, the Client accepts that this may cause scheduled or unscheduled downtime for the website. For any scheduled maintenance, HMG will provide no less than 24 hours’ notice to the Client of the maintenance, and the cause for it. In circumstances where unexpected maintenance is required, HMG will take all reasonable steps to notify the Client as soon as possible, and to complete the work in a timely manner. HMG accepts no liability for losses or damages arising from any periods of suspension of hosting due to maintenance or required updates.
8.8. The Client acknowledges and agrees that website hosting and any Content uploaded, stored, published and displayed on the website(s) are in compliance with this agreement and all applicable laws, including laws of the jurisdiction where the Service or Content is uploaded, hosted, stored, accessed or used. The Client shall implement any restrictions necessary in order to prohibit use of the Services by any third party or in any jurisdiction, as required to comply with such laws.
8.9. HMG accepts no responsibility for any website hosting downtime including malware, denial of service (DOS), distributed denial of service (DDOS), or misuse of website hosting resources by the Client or their respective end user(s).
8.10. The Client agrees and acknowledges that website hosting may at HMG’s discretion be provided by a trusted thirty party and the Client agrees to be bound by their respective terms and conditions which are available on request.
9. Search Engine Optimisation (SEO)
9.1. For services relating to SEO, HMG agrees to optimise the Client’s website according to the Proposal. The exact optimisation details and timelines will be outlined within the Proposal. HMG will use best practices to achieve the ranks and optimisations as proposed.
9.2. The Client agrees that entering or using HMG’s SEO services is at their own risk. No warranty, representation, condition, undertaking, or term—express or implied, statutory or otherwise—including but not limited to the condition, quality, durability, performance, accuracy, reliability, non-infringement, merchantability, or fitness for a particular purpose or use of HMG is given or assumed, and all such warranties, representations, conditions, undertakings, and terms are hereby excluded.
9.3. HMG makes no warranty that its SEO services will meet the Client’s specific requirements, or that services will be uninterrupted, timely, secure, or error-free. HMG makes no representation as to the suitability of the information available through its SEO services for any particular purpose, nor about the legitimacy, legality, validity, accuracy, correctness, reliability, quality, stability, completeness, or currency of that information.
9.4. HMG makes no warranty that an SEO campaign will generate any increase in sales, business activity, profits, or other forms of improvement for the Client’s business or any other purpose.
9.5. HMG does not guarantee that an SEO campaign will result in any specific number of clicks to the Client’s business or other information.
9.6. HMG does not warrant that an SEO campaign will consistently maintain the exposure of the Client’s business or keywords during the subscription period. This includes, but is not limited to, the position of the Client’s website on search result pages or the frequency and timing of advertisement displays.
9.7. Information available on or through HMG’s services is user-generated and is not reviewed, controlled, or examined by HMG prior to its appearance on HMG platforms.
9.8. HMG does not endorse, verify, or otherwise certify the contents of any information provided by users. Users are solely responsible for the contents of their websites and may be held legally accountable for those contents, including in cases of intellectual property infringement.
9.9. HMG does not guarantee or warrant that information available through HMG’s services will be free of viruses, worms, Trojan horses, or any other contaminating or destructive properties. It is the sole responsibility of the Client to use anti-virus software and take precautions to prevent damage to their systems. SEO guarantees do not apply to new domains unless an existing domain is redirected to the new domain.
9.10. The Client accepts that optimisation does not guarantee increased business or sales and acknowledges that HMG accepts no liability for any resulting loss or damage. SEO results can be influenced by factors beyond HMG’s control, such as website content, management systems, toxic links, penalties by search engines, and server performance.
9.11. The Client acknowledges that search engines frequently update their algorithms, which may affect SEO performance. During such changes, HMG will make reasonable efforts to adjust SEO strategies to comply with new requirements but makes no guarantees.
9.12. If the Client’s website incurs a penalty from a search engine, it may be necessary to change domains to release the penalty. If the Client chooses not to follow HMG’s advice, they assume responsibility for any resulting loss in traffic or search rankings.
9.13. SEO services have a minimum fixed term of 12 months unless otherwise agreed and continue on a monthly basis thereafter. Termination requires 30 days’ written notice. If services are terminated within the initial term, the remaining fees become payable upon termination.
10. Social Media Training
10.1. HMG will provide one-on-one social media training sessions as outlined in the Proposal.
10.2. The Client acknowledges that each training session entitles them to up to four hours of training. Additional training will be charged at an hourly rate or as otherwise agreed.
10.3. Social media training will not commence until full payment has been received as outlined in clause 3.2.
10.4. Any resources provided by HMG during training sessions are for the Client’s convenience only and do not constitute official statements or advice.
10.5. HMG does not guarantee that social media training will result in increased sales, profits, or business improvement.
10.6. HMG’s advice, recommendations, information, and services during training are based on HMG’s own experience and knowledge. HMG accepts no liability for any outcome resulting from the Client’s use of this information.
10.7. If the Client disregards advice or recommendations provided by HMG, HMG will not be liable for any resulting loss or damage.
11. Time Bundles
11.1. HMG offers Time Bundle Packages, allowing the Client flexibility to use HMG’s resources on a time-based basis.
11.2. These packages can be used for various services, including but not limited to consultation, reporting, Google and Meta campaigns, content creation, graphic design, SEO, social media management, community management, digital training, website development, and web design.
11.3. The package includes all specified activities, as outlined in 10.2.
11.4. Time spent on projects will be tracked using time-tracking tools.
11.5. Time allocation also includes meeting preparation, calls, scoping, and correspondence.
11.6. Plugin fees, external software fees, theme costs, and stock images are not included.
11.7. HMG will attempt to minimise third-party fees and notify the Client before incurring them.
11.8. Placeholder images will be used unless stock images are purchased at $50 per image or provided by the Client.
11.9. Each Time Bundle Package has an expiration term, with a maximum of six months from the invoice date unless otherwise agreed.
11.10. Once a Time Bundle expires, no refunds or reimbursements will be provided.
11.11. Upon completion of Time Bundle hours, HMG’s standard hourly rate of $180 will apply for additional work unless a new package is purchased.
12. Intellectual Property
12.1. Subject to full and final payment of all fees, charges, and invoices owing to HMG, the Client will own the intellectual property rights (including copyright) in any original creative content, marketing collateral, copy, design, strategy, or other materials created by HMG specifically for the Client as part of the Services (“Client Materials”). For clarity, this ownership does not extend to any HMG Pre-Existing IP (as defined in clause 11.2).
12.2. HMG retains all rights, title, and interest in its pre-existing intellectual property, including but not limited to:
12.2.1. proprietary systems, methods, strategies, frameworks, templates, documents, processes, software, codebases, plugins, databases, training materials, scripts, formulas, and know-how; and
12.2.2. any enhancements, modifications, or derivative works of such intellectual property created during the course of providing the Services (collectively, “HMG Pre-Existing IP”).
Nothing in this Agreement transfers ownership of HMG Pre-Existing IP to the Client.
12.3. To the extent necessary for the Client to use the Client Materials, HMG grants the Client a non-exclusive, non-transferable, revocable licence to use the HMG Pre-Existing IP incorporated into or required to use the Client Materials, strictly for the Client’s internal business purposes and for the duration of the Services. This licence will immediately terminate upon the earlier of:
12.3.1. termination or expiry of this Agreement or the Services; or
12.3.2. non-payment or breach of this Agreement by the Client.
12.4. Upon termination, the Client must cease all use of HMG Pre-Existing IP and, if requested by HMG, return or destroy any copies in its possession.
12.5. Notwithstanding clause 11.1, HMG may retain copies of the Client Materials for record-keeping, portfolio, training, compliance, or legal purposes, provided it does not disclose any confidential Client information without prior written consent.
12.6. The Client warrants that all content, data, images, branding, logos, marks, copy, and other materials supplied to HMG for use in the Services (“Client-Provided Materials”) are legally owned or properly licensed by the Client and that their use by HMG will not infringe the rights (including intellectual property rights) of any third party.
12.7. The Client indemnifies and must keep HMG indemnified from and against any claims, demands, damages, losses, liabilities, costs and expenses (including legal costs on a full indemnity basis) arising out of or in connection with any allegation that the Client-Provided Materials infringe any third-party intellectual property or other rights.
12.8. Unless otherwise agreed in writing, HMG retains the right to use non-confidential elements of the Client Materials (such as general marketing concepts, anonymised designs, campaign structures, or technical learnings) for internal training, portfolio demonstrations, and promotional purposes, provided such use does not disclose the Client’s confidential information or trade secrets.
13. Compliance with Consumer Law
13.1. To the fullest extent permitted by law, HMG excludes all representations, warranties, guarantees, conditions and terms (whether express or implied, statutory or otherwise) not expressly set out in this Agreement, the Proposal, or any Invoice. This includes, without limitation, any implied warranties of fitness for purpose, merchantability, satisfactory quality, accuracy, or non-infringement.
13.2. The Client acknowledges that the Services (including but not limited to social media and email marketing and management, digital advertising, website design and hosting, search engine optimisation and social media training) involve strategies and tools that are inherently influenced by factors outside of HMG’s control. These factors include, but are not limited to, platform and algorithm changes, third-party system interruptions or failures, consumer and market behaviour, competition, search engine updates, and the Client’s own actions, omissions, or implementation of recommendations.
13.3. While HMG will exercise reasonable care, skill, and diligence in providing the Services and will apply industry best practices, HMG does not guarantee or warrant any specific outcomes, including but not limited to:
13.3.1. search engine rankings or visibility;
13.3.2. increases in website traffic, leads, sales, or conversions;
13.3.3. advertising campaign performance;
13.3.4. platform engagement or follower growth; or
13.3.5. training outcomes or the Client’s ability to independently implement marketing strategies.
13.4. The Client further acknowledges that:
13.4.1. marketing, advertising, and digital strategies may take time to achieve results and are subject to continuous change;
13.4.2. platform performance and accessibility may depend on third-party providers and hosting environments, which are outside HMG’s control;
13.4.3. HMG is not responsible for any loss or interruption of service caused by third-party providers or the Client’s failure to maintain its own systems or security; and
13.4.4. past performance is not indicative of future results.
13.5. To the extent permitted by the Australian Consumer Law and any other applicable legislation, HMG’s liability for any breach of a consumer guarantee or condition that cannot be lawfully excluded is limited, at HMG’s option, to:
13.5.1. the resupply of the Services;
13.5.2. the supply of equivalent Services; or
13.5.3. the payment of the cost of resupplying or acquiring equivalent Services.
13.6. In no event will HMG be liable to the Client (whether under contract, tort including negligence, statute, equity or otherwise) for any:
13.6.1. loss of profit, revenue, anticipated savings, business opportunity, goodwill, data, or reputation; or
13.6.2. indirect, consequential, incidental, special, exemplary, or punitive loss or damage,
arising out of or in connection with the provision of the Services, even if HMG has been advised of the possibility of such loss or damage.
13.7. The Client agrees that its sole remedy for any claim in connection with the Services is limited to the remedies set out in clause 12.5, and that this limitation applies notwithstanding any failure of essential purpose of any limited remedy.
14. Privacy
14.1. HMG will comply with all applicable privacy laws, including the Privacy Act 1988 (Cth), in handling the Client’s personal information.
14.2. The Client consents to HMG collecting, using, and disclosing their personal information as necessary to provide the Services, including sharing information with third-party providers.
15. Governing Law and Jurisdiction
15.1. This Agreement is governed by the laws of New South Wales Australia, and the parties submit to the exclusive jurisdiction of the courts in that state.
16. General
16.1. These terms and conditions are binding on the Client upon acceptance and payment.
16.2. If any provision of these terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
16.3. HMG may amend these terms and conditions at any time. Updated terms will be provided to the Client and will apply to any future Services requested or payments made.