Terms of Service

Welcome to MARKHAM MEDIA, an agency specializing in filming, creating, and designing digital media and resources for various creative purposes, including entertainment, education, social media, advertising, marketing, branding, campaigns, and other forms of creative mediums. By using our services, you agree to comply with and be bound by the following terms and conditions:

Acceptance of Terms

By accessing or using our services, you agree to be bound by these Terms of Service. If you do not agree with any part of these terms, you may not use our services.

Intellectual Property

All designs, content, and intellectual property created by MARKHAM MEDIA in the course of providing services are the exclusive property of MARKHAM MEDIA unless otherwise outlined in a separate, written agreement. This includes but is not limited to videos, images, graphics, animations, and any other form of digital media produced by us.

License

MARKHAM MEDIA grants you a limited, non-exclusive, non-transferable license to use the digital media created by us for the specific purposes outlined in our agreement. This license does not grant you any rights to sell, reproduce, distribute, or modify the content without our explicit written consent. Unless contracted, all media, designs, and products produced by MARKHAM MEDIA are also owned and remain the intellectual property of MARKHAM MEDIA. Unauthorized use of any content will incur monetary charges and will be handled to the full extent of the law, outlined by the Australian Government, Canberra.

Payment

The fees for our services will be outlined in a separate agreement. Payment terms, including invoicing details and due dates, will also be specified in the agreement. Failure to make timely payments may result in the suspension of services or further legal action. A payment of 50% of the initial quote is to be provided at point of booking, and adjustments will be made if additional services are required.

Interest on Unpaid Invoices

Any unpaid invoices and payments will accrue interest at a rate of 5% per week, calculated from the date the payment was due, until the outstanding debt is settled. Interest is calculated as compounding. If you are having trouble finalising your invoice, please submit written communication to info@markhammedia.com.au at least 7 days prior to the due date. Our goal is to build a community and support the growth of local businesses and start-ups, however we also believe in accountability and will provide whatever support possible.

Cancellation and Refunds

Cancellation of services must be communicated in writing to info@markhammedia.com.au. Refunds are subject to the terms outlined in a separate agreement and are contingent upon the stage of completion of the project.

Confidentiality

Both parties agree to keep confidential all information shared during the course of the project, including but not limited to business strategies, proprietary information, and project details.

Limitation of Liability

MARKHAM MEDIA is not liable for any indirect, incidental, special, or consequential damages arising out of or in connection with our services. Our total liability for any claim, whether in contract, tort, or otherwise, is limited to the amount paid by you for the specific services giving rise to the claim.

Termination

Either party may terminate the agreement if the other party breaches any material term and fails to cure such breach within a reasonable timeframe.

Governing Law

These terms and any disputes arising out of or in connection with them shall be governed by and construed in accordance with the laws of Australia.

Changes to Terms

MARKHAM MEDIA reserves the right to update and modify these terms at any time without prior notice. It is your responsibility to review these terms periodically for changes.

By using our services, you acknowledge that you have read, understood, and agreed to these terms. If you have any questions or concerns, please contact us at info@markhammedia.com.au.

Last updated: July 9, 2025