Terms of Service
Malone & Co Pty Ltd (trading as malone—co studio)
Last updated: [22 Feburary 2026]
1. INTRODUCTION
These Terms of Service (“Terms”) govern all services provided by Malone & Co Pty Ltd (ABN 71 647 077 138) (“we”, “us”, “our”, or “malone—co studio”). By engaging our services, accepting a quote, signing a proposal, making payment, booking through any platform, or otherwise working with us, you agree to be bound by these Terms.
These Terms apply to all offerings including branding, photography, website design and development, creative consulting, retainers, studio hire, events, workshops, digital products and any related services.
2. ACCEPTANCE OF TERMS
You are deemed to accept these Terms when you:
• Accept a Xero quote
• Sign a proposal or contract
• Pay a deposit or invoice
• Book via Calendly, Sprout Studio or any booking platform
• Confirm engagement via email
By proceeding with any of the above, you acknowledge that you have read and agree to these Terms.
3. SERVICES
malone—co studio provides creative and strategic services including but not limited to:
• Brand strategy and branding
• Photography and content creation
• Website design and development
• Creative consulting
• Studio hire
• Events, workshops and Foundry Room gatherings
• Retainer services and ongoing content
• Digital products or educational materials
Scope, deliverables and timelines are defined per project agreement.
4. PAYMENTS, DEPOSITS AND INVOICING
Deposits or payment plans may be required prior to commencement. Deposit percentages vary depending on project structure.
Payments are processed via Stripe, Xero invoices or bank transfer.
All payments are non-refundable once a project stage has commenced or deliverables have been completed.
Work may be paused if invoices remain unpaid.
Invoices are issued at agreed project stages or upon completion of deliverables. Final files may be withheld until outstanding balances are cleared.
Late fees are not automatically applied, however we reserve the right to suspend services where accounts are overdue.
5. REVISIONS AND PROJECT FLOW
Projects typically include up to three rounds of revisions unless otherwise agreed. Additional revisions may be accommodated at our discretion.
Client approvals are required before progressing between project stages. Once approval is given, previous stages may not be revisited.
While we respect business delays, invoicing will reflect completed project stages regardless of timeline shifts.
6. INTELLECTUAL PROPERTY AND USAGE RIGHTS
All creative work, photography, designs, strategy frameworks and intellectual property remain the copyright of Malone & Co Pty Ltd unless expressly transferred in writing.
Prior to final payment, all working files and deliverables remain the property of malone—co studio.
Upon full payment, clients receive a non-exclusive licence to use approved final deliverables for their business growth and marketing purposes.
Clients may not resell, sublicense, redistribute, exhibit commercially outside agreed usage, enter work into competitions, or transfer designs or imagery to third parties without written consent.
malone—co studio retains the right to display completed work for portfolio, promotional, marketing or educational purposes unless a confidentiality agreement states otherwise.
7. CONFIDENTIALITY AND STRATEGIC MATERIAL
Both parties agree to maintain confidentiality over sensitive business information, strategy frameworks and proprietary processes.
Clients must not distribute or replicate malone—co studio methodologies, systems or internal frameworks without written permission.
We treat client brand strategy and personal founder information with professional discretion and limit access to authorised collaborators only.
8. PHOTOGRAPHY TERMS
Photography is delivered based on agreed shoot structure.
• Standard rate: $50 per selected image unless otherwise quoted
• Clients select images for editing
• RAW files are not supplied
• Editing style and creative direction remain at our discretion
• Typical delivery timeframe is approximately two weeks, subject to project scope
Images are licensed for the client’s brand and business use only and may not be resold, redistributed, entered into competitions, or exhibited without written consent.
9. WEBSITE DESIGN AND DEVELOPMENT
Clients are responsible for hosting, domains, plugins, ongoing updates and website security unless separately contracted.
malone—co studio is not liable for issues arising from third-party platforms, plugin failures, hosting disruptions, platform updates or security breaches beyond our control.
Maintenance services are not included unless specified. We may recommend trusted partners, however responsibility remains with the client.
Where clients provide login credentials, they confirm they are authorised to grant access.
10. EVENTS, WORKSHOPS AND FOUNDARY ROOM
Event tickets are non-refundable due to venue commitments and planning costs.
If malone—co studio cancels or reschedules an event, attendees may receive a refund or transfer option.
Attendees participate at their own risk and are responsible for their personal wellbeing.
Photography and video may be captured at events and used for promotional purposes unless attendees request otherwise in writing prior to the event.
Alcohol may be served at certain events. Attendees are expected to act responsibly.
11. DIGITAL PRODUCTS
Digital products, downloads or educational materials are licensed for personal or business use only. Redistribution, resale or reproduction without written permission is prohibited.
12. INTERNATIONAL CLIENTS
Our services are available globally. By engaging malone—co studio, you acknowledge that services may be delivered across jurisdictions and that Australian law governs all agreements.
13. LIMITATION OF LIABILITY
To the fullest extent permitted by law:
• We do not guarantee specific business outcomes, revenue growth or marketing results
• Clients are responsible for final approvals of all materials
• Malone & Co Pty Ltd is not liable for indirect, consequential or financial losses arising from use of our services
• Our liability is limited to the value of services provided
Nothing in these Terms excludes rights that cannot be excluded under Australian Consumer Law.
14. CLIENT RESPONSIBILITIES
Clients agree to:
• Provide accurate information and timely feedback
• Ensure they have rights to materials supplied to us
• Review and approve deliverables carefully before finalisation
15. THIRD-PARTY SERVICES
We may recommend or integrate third-party platforms. Malone & Co Pty Ltd is not responsible for policies, performance or security of external providers.
16. TERMINATION
We reserve the right to pause or terminate services if:
• Payments are not made
• Conduct is abusive or inappropriate
• Project scope is materially breached
Fees for completed stages remain payable.
17. GOVERNING LAW
These Terms are governed by the laws of Victoria, Australia. Any disputes will be subject to the jurisdiction of Victorian courts.
18. CHANGES TO TERMS
We may update these Terms periodically. The latest version will be published on our website and applies from the date of publication.
19. CONTACT
Malone & Co Pty Ltd
3 Inglis Street, Diamond Creek VIC 3089 Australia
accounts@maloneco.au
Service Specific Terms Addendum
Malone & Co Pty Ltd (trading as malone—co studio)
This Service-Specific Terms Addendum forms part of the master Terms of Service and applies to all relevant services provided by Malone & Co Pty Ltd. Where any inconsistency arises, this Addendum operates alongside the main Terms to clarify service expectations and limitations.
1. BRANDING, STRATEGY AND CREATIVE CONSULTING
1.1 Scope of Work
Brand strategy, visual identity, consulting and creative direction are delivered based on the agreed project scope. Any additional services outside the agreed scope may require a separate quote.
1.2 Strategic Advice
All strategic recommendations are provided in good faith based on professional experience. malone—co studio does not guarantee commercial outcomes, audience growth, revenue increase or business performance.
1.3 Approvals
Clients are responsible for reviewing and approving strategy documents, designs and deliverables at each stage. Once approved, previous stages may not be reopened unless agreed in writing.
1.4 Use of Frameworks
All internal frameworks, methodologies, processes and strategic tools remain the intellectual property of Malone & Co Pty Ltd. Clients must not reproduce, teach, resell or distribute these materials without written consent.
2. PHOTOGRAPHY SERVICES
2.1 Image Selection and Delivery
Clients are responsible for selecting final images unless otherwise agreed. Edited images are delivered according to the agreed rate structure.
2.2 Creative Direction
Artistic direction, editing style, retouching decisions and final presentation remain at the discretion of malone—co studio.
2.3 RAW Files and Unedited Content
RAW files and unedited materials are not supplied unless specifically agreed in writing.
2.4 Usage Restrictions
Photography is licensed for the client’s business and brand promotion only. Images may not be resold, sublicensed, exhibited commercially, entered into competitions or transferred to third parties without written permission.
2.5 Turnaround
Delivery timelines are estimates only and may vary depending on project scale, client responsiveness and production requirements.
3. WEBSITE DESIGN AND DEVELOPMENT
3.1 Third-Party Platforms
Websites may be developed using third-party platforms such as WordPress, Shopify, Wix or Squarespace. Malone & Co Pty Ltd is not responsible for platform updates, outages, plugin failures, security vulnerabilities or third-party service disruptions.
3.2 Hosting and Maintenance
Clients are responsible for hosting, security, updates and maintenance unless an ongoing support agreement is in place. Recommendations for external partners do not transfer liability to malone—co studio.
3.3 Client Responsibilities
Clients must ensure all supplied content, images and materials are legally owned or licensed for use. malone—co studio is not liable for copyright breaches arising from client-supplied content.
3.4 Access Credentials
Clients confirm they have authority to provide website or platform access. We are not responsible for unauthorised access or security issues originating from third-party systems.
4. EVENTS, WORKSHOPS AND FOUNDARY ROOM
4.1 Attendance
Participation in events is voluntary and at the attendee’s own risk. Attendees are responsible for their wellbeing and behaviour during events.
4.2 Alcohol
Where alcohol is served, attendees acknowledge personal responsibility for consumption and conduct.
4.3 Media Capture
Photography and video may be captured during events and used for marketing, portfolio or promotional purposes unless written notice of opt-out is provided prior to the event.
5. DIGITAL PRODUCTS AND EDUCATIONAL MATERIALS
5.1 Licence
Digital downloads, guides or educational materials are provided under a non-transferable licence for personal or business use.
5.2 Restrictions
Clients may not reproduce, distribute, modify, resell or share digital materials without written consent.
6. COLLABORATORS AND THIRD-PARTY CONTRIBUTORS
malone—co studio may engage editors, developers, designers, printers or other collaborators to deliver services. All collaborators operate under confidentiality expectations; however, Malone & Co Pty Ltd is not liable for independent acts beyond our reasonable control.
7. GENERAL
This Addendum supplements the master Terms of Service and applies automatically to all relevant projects, bookings and engagements with Malone & Co Pty Ltd.
By continuing to engage our services, you acknowledge and agree to these additional service-specific terms.