This document sets out essential terms including:

• Payment: the right to be paid within a certain timeframe; the right to suspend services if you are not paid; and a right to charge Interest on overdue amounts
• Scope: the right to revisit your fee estimate if the scope of work changes
• A reschedule or delay fee: the ability to charge a fee or cancel the services if the client is delaying the project
• Termination: There is an optional minimum commitment clause that prevents clients from cancelling your services until a minimum commitment term has lapsed. If the client cancels within the minimum commitment period, then they may need to pay a cancellation fee. The client will then forfeit any deposit (if one has been paid) and must pay for work up to the date of termination and any expenses that you cannot cancel. If this is not your preferred position, you will need to change this clause
• Intellectual Property: who owns the IP in the work you create – Is it licenced or assigned? You can choose!
• Liability: a section dealing with liability under the terms
• Confidential information: A right to have the confidential Information of each party protected from mis-use

The terms are currently drafted to provide for a licence of the IP in the works for a particular purpose and subject to any restrictions that the parties have agreed. BUT, If there are no restrictions on the use of the IP in the works and you wish to fully assign all IP in the works to the client then you will need to use the alternative language which is included in the document. Please be aware that Intellectual property arrangements particularly in the creative fields may need expert legal advice. If there are any questions or concerns about the intellectual property provisions in these Terms, you should see a lawyer.

These Terms are designed for use by creative agencies who are operating a business, or have a team. If you operate a business as a sole trader then please check the Cherrypicka library for a different template.

These Terms are also not suitable if you are a business looking to hire a creative freelancer. If you are the business, then the Cherrypicka Independent Contractor Agreement may be more suitable for your needs.

Cherrypicka is not a law firm and we do not provide legal advice. No client / solicitor relationship is formed between you and us when you purchase and use our templates. Our templates are general in nature. They may not cover every situation or law that applies to you or your specific circumstances. If you have any questions, concerns or are unsure whether the template is right for you or your business, you must see a qualified lawyer before using our templates. Our templates are not intended to be a substitute for legal advice. Our templates are based on laws current at the time of purchase and are based on Australian law. They are not suitable for use outside of Australia.