Terms and Conditions

Last updated: August 3rd 2023

Terms & Conditions

This Terms of Use Agreement (the “Agreement”) establishes the legal relationship between Media Workbench (ABN 28 499 081 629) and you, the client (“Client”), concerning the access and use of Media Workbench’s website: https://mediaworkbench.com.au/ (the “Website”), any services or resources offered through it, and any other associated media, data, information provided. By accessing and using the Website, you agree to comply with and be bound by all the terms, conditions, and obligations outlined in this Agreement. If the client fails to agree and adhere to all of the terms, conditions, and obligations outlined within these terms and conditions, the result will be the prohibition of the Client’s use of the Website and services offered therein. Thereafter any connections or relationships between Media Workbench and the Client will be severed, except for any obligation of the Client to pay Media Workbench for any outstanding fees owed.

  1. Intellectual Property

    1. Unless otherwise indicated, the Website, its content, source code, designs, media assets, and trademarks are the exclusive property of Media Workbench and protected by copyright and trademark laws, and Media Workbench reserves all rights over it.
    2. Except under the circumstances expressly described within these terms and conditions, no part of the Website or the content it contains can be copied, shared, displayed, reproduced, translated, transmitted, distributed, sold, licensed, or otherwise used by anyone for any commercial purpose whatsoever, without Media Workbench’s express prior written permission.
  2. Delivery of Services

    1. The Client acknowledges that in subscribing to a service offered by Media Workbench through the Website, they are purchasing the access to the Workbench platform offered through the Website, herein the “Client’s Workbench”.
    2. The Client’s Workbench is comprised of a page that allows for the creation and management of Requests (herein “Client’s Request”, or “Client’s Requests”), a page where final files are provided (herein the “Library”), and an account page where the Client’s Subscription (herein “Client’s Subscription”) is managed.
    3. The Client understands that it is through the Client’s Workbench that the Client’s Requests are submitted, requesting the provision of design and media services (herein “Solutions”) to be rendered by Media Workbench to the specifications and description provided in the Client’s Request.
    4. No limit is placed on the number of Client Requests that can be submitted to the Client’s Workbench.
    5. The Client may only ever have one of the Client’s Requests actively being worked on by Media Workbench, this is called the “Active Request”.
    6. The Active Request is the only one of the Client’s Requests that Media Workbench is looking at and actively working on a Solution for. Media Workbench is under no obligation to look at any other Client’s Requests besides the Active Request.
    7. It is the responsibility of the Client to prioritise the Client’s Requests and to manage which of them is the Active Request at any time.
    8. Media Workbench is under no obligation to provide the Client working files of any Solution provided for any of the Client’s Requests.
    9. It is at the discretion of Media Workbench to advise if any part of the Client’s Request is beyond the list of possible services or Solutions delivered through Media Workbench. Media Workbench is under no obligation to deliver on those parts identified beyond what is possible to be delivered as part of a Solution.
    10. A Client’s Subscription does not give a guarantee of a specific time-frame for the delivery of Solutions. The allocation of a Due Date within the Client’s Request does not represent a deadline for the provision of Solutions, merely a date to be referred to by Media Workbench to understand the context of the Client’s Request.
    11. At no time is the Client purchasing or subscribing to a fixed or guaranteed number of Solutions per month.
    12. All services, Solutions, and communication is held through the Website and the Client’s Workbench. Media Workbench holds no obligation to communicate with the Client outside of the described channels.
    13. Media Workbench will not be held liable for any delays in delivery of Solutions or updates to any of the Client’s Requests. Any time-frames or indications are to be interpreted as estimates.
    14. The Client is responsible for all content that is published as part of any Solution provided by Media Workbench, including proofreading to assess spelling and grammar, and assessing appropriateness for their intended audience. The Client is acknowledges and agrees to this responsibility through the continued use of the Client’s Workbench. Solutions provided to the Client’s Workbench have a clear Feedback Process through which the Client must click “Accept Content” for a Solution to be approved. Final files are only provided to the Client on the approval of feedback from the Client. The Client agrees not to hold Media Workbench liable for any spelling, grammar, or other content mistakes at any point of the engagement of services provided by Media Workbench.
  3. Ownership of Assets, Content, and Materials

    1. All design and source files submitted to the Website by the Client as part of a Client’s Request belong to and are the sole copyright of the Client. In submitting them to the Website the Client grants Media Workbench rights to reproduce, distribute, publish, transmit, or otherwise use for the purpose of delivering the services outlined as part of the Website for benefit of the Client. The Client warrants that it holds ownership of the rights to use and distribute any assets, content, or materials provided to Media Workbench through the Website, and that is is not infringing or misappropriating any third party’s rights, including intellectual property rights, by providing them to Media Workbench.
    2. Media Workbench retains all moral rights and ownership of copyrights over any assets, content, or materials it provides to the Client in the delivery of services rendered. Exception to this is any files provided to the Client through the Library that is attached to the Client’s Workbench, of which copyright and permission to use for commercial purposes are ceded to the Client.
    3. Media Workbench reserves all rights to share any assets, content, materials, designs, or media publicly (via websites, social media, videos, or in print) even after ceding any copyright to the Client, unless agreed upon in writing by both parties.
    4. Any and all feedback or updates provided by the Client becomes the property of Media Workbench and may be used without any acknowledgement or compensation.
    5. The Client is solely responsible for the data transmitted by the Client’s actions through the Website.
  4. Third-Party Licensing and Rights

    1. Where any part of the provided assets, content, materials, designs, or media by Media Workbench uses elements or content that are not owned by Media Workbench and require licensing or rights in order to use, Media Workbench will inform the Client of the requirements and expectations surrounding them.
    2. Where Media Workbench provides website hosting for a website developed as a Solution to the Client’s Request, Media Workbench will ensure it has the appropriate third-party licensing and rights for its publication and distribution online.
  5. User Representation

    1. By using the Website, the Client represents and warrants that they have the legal capacity to agree to these terms and conditions, and the continued use of the Website and all services rendered complies with all applicable laws.
    2. The Client affirms that they are not under the age of 18 years old.
  6. Oversight and Administration

    1. Media Workbench reserves the right to monitor the Website, the Client’s Subscription, the Client’s Workbench, Requests, the Library, and any and all communication conducted through the Website, and may restrict or deny access without notice, at the sole discretion of Media Workbench without notice or liability to the Client.
    2. The Website may not be used for any purpose other than its intended use. Prohibited activities include unauthorised use, data retrieval for database creation, and interfering with the Website’s operation.
    3. Media Workbench reserves the right to deny usage by the Client, cancel the Client’s Subscription, restrict access, or otherwise prohibit the Client from engaging in the services offered by Media Workbench. All decisions regarding this are at the sole discretion of Media Workbench, aligning with the best interests or Media Workbench, it’s rights, and property.
  7. Archiving of Digital Files

    1. Media Workbench will store digital copies of all working files and final files for Solutions provided to the Client for a period no greater than five (5) years. Exception to this is files provided through the Library which will remain so long as the Client’s Workbench is not deleted.
  8. Pausing and Resuming of the Client’s Subscription

    1. Through the Website the Client has the ability to pause the Client’s Subscription. In pausing the Client’s Subscription, access to the Client’s Workbench is suspended with exception to the account page through which the Client’s Subscription can be resumed by the Client at any point.
    2. At the point of pausing the Client’s Subscription, the number of days until the next monthly renewal of the Client’s Subscription are recorded and stored (herein “days banked”) for future use.
    3. When the Client’s Subscription is resumed, the days banked are used to calculate when the Client’s Subscription will be up for renewal. This is calculated as the day of resumption plus any days banked.
    4. If the Client has any outstanding invoices that are overdue, the days banked will equal zero and the Client will need to resolve the outstanding invoice before access to the Client’s Workbench is restored.
    5. The days banked will only be held for the Client’s use for a maximum of twelve (12) months. After twelve (12) months of the Client’s Subscription being paused, the days banked will be reduced to zero and the Client will be obligated to renew the Client’s Subscription on the day of resumption.
    6. If the Client has an Active Request when the Client’s Workbench is paused, the Active Request is moved from being the Active Request. When the Client’s Subscription is resumed, the previous Active Request is returned to being the Active Request.
  9. Cancelling of Client’s Subscription and Deletion of Client’s Workbench

    1. At any time the Client has the capability to cancel the Client’s Subscription through the Website. The Client is presented with a confirmation message before doing so that highlights that by cancelling the Client’s Subscription it will also cause the deletion of the Client’s Workbench, including any correspondence, any Client Requests, any Solutions, and the Library that is attached. This is a non-recoverable process.
    2. By confirming the cancellation of the Client’s Subscription, the Client acknowledges that this process is not able to be reversed, and will result in the deletion of all described above.
    3. Media Workbench will still retain digital copies of files as described in Section 7. Media Workbench is not liable for the loss of files by the actions of the Client. It is under the sole discretion of Media Workbench to share any archived digital copies of files with the Client.
  10. Privacy Policy

    1. By using the Website and the Client’s Workbench the Client agrees to be bound and abide by the Privacy Policy of Media Workbench and the terms and conditions discussed therein. The Website is hosted in Australia. Accessing the Website and use of the services provided from the EU, Asia, California (USA) and other regions of the world may result in the required application of laws and regulations that differ from those of Australia which govern the Client’s rights surrounding privacy and personal data collection and its use. The Client’s use of the Website and the Client’s Workbench constitutes the Client’s consent to their use of their personal data with respect to any applicable laws.
    2. Media Workbench does not recommend the use of the provision of personal information through the Website by, or knowingly accept or solicit the personal data from, any individual that is under the age of 18. Upon recognition of the acquisition of personal data of, or the active use by, an individual under the age of 18, the data and information shall be deleted.
  11. Showcasing of Work

    1. Michael Debevec, Media Workbench, and subcontractors retain the nonexclusive, perpetual and worldwide right to display, reproduce, and distribute any designs or media created throughout the course of providing Solutions to the Client, on their portfolios and websites, social media channels, third-party trade publications, awards or exhibits, solely for the purpose of promoting or exemplifying the creator’s work, and the right to be credited with copyright ownership and authorship of the designs in connection with such use. The Client agrees that usage of any designs or media content in the manners described above will not constitute a breach of the Client’s copyright granted to them as stipulated in Section 3, and will require no consent from the Client for its use as described above.
    2. The Client reserves the right to request and require an NDA between Media Workbench and the Client, which would void any rights as outlined in Sections 3.3 and 11.1 of these terms and conditions.
  12. Trademarking

    1. Legal registration and trade marking of creative (e.g. logos) is the responsibility of the Client.
  13. Website Development

    1. Media Workbench is under no obligation to utilise any plugins, programming languages, templates, or third-party products or services requested in any of the Client’s Requests or correspondence in delivery of a Solution. Where the Client Request includes a request surrounding the specific use or integration of any of the above, and Media Workbench accepts, the Client may be liable for any additional costs incurred as part of that use or integration such as on-going licensing fees.
    2. Media Workbench uses WordPress as the CMS of choice for website development.
    3. Media Workbench can deliver the design of a SaaS website as part of a Solution. Media Workbench will not program, code, or develop SaaS websites.
  14. Website Hosting

    1. Website hosting is offered through Media Workbench’s partner, Bench Studios, and by the Client agreeing to website hosting they are agreeing to the provision of all relevant files to Bench Studios along with agreeing to their terms and conditions (found here).
    2. Billing of the Client for website hosting is conducted through Media Workbench, added on top of any and all fees for the Client’s Subscription.
    3. It is agreed that as part of engaging with a third-party for website hosting, there is the potential for website outages to occur that are outside of the control of Media Workbench. At no point will Media Workbench be held liable for the outage or downtime of websites hosted through Media Workbench.
    4. Provision or access to any website hosted on behalf of the Client may be halted where the Client still has outstanding payments owed to Media Workbench, or where the Client breaches any part of these terms and conditions.
  15. Refund and Returns

    1. Refund requests are assessed on a case-by-case basis, and Media Workbench may deny refunds to the Client at its discretion without notice or liability to the Client.
    2. The Client may request a refund during the initial one (1) month of the Client’s Subscription being purchased and activated. Where no Requests by the Client had not yet been moved to be the Active Request on the Client’s Workbench, Media Workbench will offer a refund less $500.00 for administration, processing, and management fees. Where the Client has submitted any of the Client’s Requests to be the Active Request on the Client’s Workbench, Media Workbench will offer a 50% refund.
  16. Modifications

    1. Media Workbench may, at its discretion, modify, add, or remove parts of the Website or the Client’s Workbench without notice to the Client.
    2. Media Workbench may, at its discretion, modify, add, remove, or otherwise update these terms and conditions or referenced privacy policy at any time.
  17. Confidentiality

    1. It is agreed that employees and subcontractors of Media Workbench shall not at any time either during the continuance of the delivery of services to the Client, or thereafter, divulge any of the confidential affairs of the Client or any of its clients or associated companies to anyone whatsoever without the previous consent in writing of the Client, except specific details where directly required in the course of providing of services or the delivery of Solutions, or where prescribed in Section 16.2 of these terms and conditions. It is understood that where required in delivering Solutions, Media Workbench may be required to provide a third-party with details of the Client, the Client’s Request, or files as part of providing a Solution as requested in any of the Client’s Requests, and that these scenarios will not constitute a breach of confidentiality.
    2. Media Workbench reserves the right to, at its sole discretion, share details of the Client or details of the process and methods of delivering services or Solutions, for the purpose of promoting or informing around the services offered by Media Workbench. It is agreed to by the Client through continued use of the Website that sharing in this way will not count as breaching the confidentiality of the Client.
    3. In order to comply with, and subject to, any applicable laws, including without limitation the Australian Telecommunications Act 1997 and the Telecommunications (Interception) Act 1979, Media Workbench may disclose Client information to law enforcement agencies without further consent or notification to the Client upon lawful request from such agencies. We cooperate fully with law enforcement agencies.
  18. Liability

    1. By engaging with the Website, services, Client’s Workbench, or any other Solutions, files, or resources of Media Workbench, you as the Client are agreeing that under no circumstances shall Media Workbench, its subcontractors, or the trustee for the Debevec Family Trust, be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your engagement with the Website, the content provided, or the services as described in these terms and conditions. Additionally, Media Workbench is not liable for damages in connection with:
      • Any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus or line or system failure;
      • Loss of revenue, anticipated profits, business, savings, goodwill or data; and
      • Third-party theft of, destruction of, unauthorised access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability.
      • Technical malfunctions or failures resulting to loss or damage of digital collateral including captured footage.

      The foregoing applies even if Media Workbench has been advised of the possibility of or could have foreseen the damages. In those States and Territories that do not allow the exclusion or limitation of liability for the damages, Media Workbench’s liability is limited to the fullest possible extent permitted by law. In no event shall any cumulative liability to you exceed $100. In no event will Media Workbench be liable to any party for any type of direct, indirect, special, incidental, or consequential damages for any use of or reliance on services delivered through Bench Studios, its subcontractors, or the trustee for the Debevec Family Trust.

      IN NO EVENT WILL MEDIA WORKBENCH, ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR ENGAGEMENT IN OUR SERVICES, EVEN IF MEDIA WORKBENCH IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

      NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MEDIA WORKBENCH’S LIABILITY TO YOU, OR ANY PARTY CLAIMING THROUGH YOU, FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO MEDIA WORKBENCH FOR THE COST OF ONE (1) MONTH OF SUBSCRIPTION PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.

  19. Indemnification

    1. Media Workbench make no warranty or guarantee as to the accuracy of any content presented as part of or as a result of delivering Solutions via the Website, or any content presented to the Client through the Website. The Client shall indemnify and hold Media Workbench harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by the Client of any of these Terms and Conditions. The terms of this section shall survive any termination of this Agreement.
  20. Independent Contractors

    1. Media Workbench, their subcontractors, and the Client are for the purposes of the delivery of Solutions to the Client’s Request, to be considered independent contractors and nothing contained in the engagement of services between Media Workbench and the Client places any parties in the relationship of principal and agent, partners or joint venturers. No party has, expressly or by implication, or may represent itself as having, any authority to make contracts or enter into any agreements in the name of another party, or to obligate or bind another party in any manner whatsoever.
  21. Electronic Communications

    1. The Client agrees to receive electronic communications from Media Workbench. The Client understands and agrees that communications, emails, notifications, updates, and disclosures sent through the Website, provided via the Client’s Workbench, or otherwise communicated through email, satisfy any legal requirement that such communication is considered to be in writing. In such a case the Client agrees that the use of electronic signatures is a valid form of agreement with regard to contracts, orders and other documents. The Client hereby waives any requirements or rights found under any laws or regulations in any jurisdiction where they may require an original signature or delivery or retention of non-electronic records.
  22. Governing Law and Jurisdiction

    1. The terms and conditions as outlined and inclusive of the privacy policy referred to, shall be governed by the substantive laws of the State of Victoria, Australia. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act do not apply to this Agreement. Any legal action, controversy or claim, arising out of engaging with in the services provided by Media Workbench, will be brought in the state courts of Victoria, Australia.
  23. Disclaimer

    1. Media Workbench shall not be responsible for any damages the Client may suffer out of use of its services. Media Workbench makes no warranties of any kind, expressed or implied for engaging with the Website, the content or services as provided and described. Media Workbench disclaims any warranty of merchantability or fitness for a particular purpose, including loss of data resulting from delays, delivery failures, wrong deliveries, and any and all service interruptions caused by Media Workbench or our employees.
    2. Media Workbench does not guarantee continuous Website availability and is not liable for any inconvenience caused by interruptions.
  24. Entire Agreement

    1. These terms and conditions, including documents incorporated herein by reference, supersedes all prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and these terms and conditions constitutes the sole and entire agreement between the parties with respect to the matters covered hereby. If any provision is found unlawful, the remaining provisions shall remain in effect.
  25. Contact information

    1. For any queries of any time, or the bringing of complaints, regarding Media Workbench, the Website, the Client’s Workbench or the Client’s Subscription, please contact Media Workbench at contact@mediaworkbench.com.au