We are Bonacci Agency (previously known as Casey Bonacci Events) and we work with you to create meaningful event and marketing experiences.
- Bonacci Agency, BA, we, or us means Bonacci Agency Pty Ltd ABN 27 665 061 754 | ACN 665 061 754
- Client or you, means the person or business who buys our Services as set out in a Project Scope or who visits our Site.
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ABOUT OUR AGREEMENT WITH YOU
1. These terms are our house rules
HOW WE DELIVER OUR SITE AND SERVICES TO YOU
These Terms are our ‘party rules’. They apply to everyone who uses our Sites or buys our Services, so we’ve tried to make them easy to understand and fair.
1. These terms are our house rules
HOW WE DELIVER OUR SITE AND SERVICES TO YOU
These Terms are our ‘party rules’. They apply to everyone who uses our Sites or buys our Services, so we’ve tried to make them easy to understand and fair.
- If you don’t agree to our Terms, that’s okay, but you must stop accessing and using our Sites and Services.
- By visiting our Sites, you agree to these Terms and our Privacy Policy.
OUR AGREEMENT WITH YOU IS MADE UP OF DIFFERENT PARTS
Our agreement with you is set out in:
- our written Project Scope + Contract,
- these Site + Service Terms, and
- our Privacy Policy and other policies.
Together, these make up our agreement with you about how we will work together (our agreement with you).
- If there is a conflict between the parts of this Agreement, the document listed higher in the above list takes priority to the extent of any inconsistency.
2. Scope of Services
WHAT’S INCLUDED WITH OUR SERVICES?
We use reasonable care and skill to provide you with the Services outlined in the agreed Project Scope + Contract. Please refer to your contract for an outline of our Services specific to your Project.
3. Client Responsibilities
Together, we create great outcomes! As well as the responsibilities in the Project Scope + Contract and these Terms, you are also responsible for:
- The accuracy, completeness, and appropriateness of the information you give us.
- All property damage, personal injury, or death caused by you or your agents, employees, or attendees.
- All personal items of any attendees. We’re not liable for missing or lost items.
FEES AND PAYMENTS
4. Paying for Services
Prices we display on our Sites are in Australian currency and include GST (if it applies). We might update our prices from time to time.
YOU MUST PAY OUR INVOICES ON TIME
You must pay for Services in the amount and frequency set out in your agreed Project Scope.
- We generally ask for payments upfront to secure our Services for your Project.
- We may offer options for paying Fees by instalments, see your Project Scope for details.
- We send you invoices which you must pay by the due date.
- If you don’t pay us on time, we may suspend working on your Project and/ or a late fee incurred
ABOUT OUR FEES
- Our invoices may include upfront Fees in advance as well as Fees for other Services already delivered (such as Supplier Management Services).
- Fee milestones don’t include other costs we also invoice you for, such as 3rd Party Supplier costs, our Supplier Management Fee, and other agreed costs
- Our Fees for your Project are based on the Project Scope and information you provide us.
- If you need extra Services or Out of Scope work on top of the inclusions in your Project Scope, we’ll let you know the price and send you an invoice you’ll need to pay before we start that work. For example, if you originally didn’t need help managing suppliers such as catering but then you later ask for Supplier Management Services, we will give you an approximate quote to consider and update this Project Scope before we start completing that Service for you.
WE DEVELOP A PAYMENT SCHEDULE TO MATCH THE TIMELINE FOR YOUR PROJECT
Our standard approach to payment milestones involves developing separate milestone payments
- For smaller projects, we may have two Milestones for the majority of the Fees to be paid upfront and a follow-up milestone for any extra fees or other costs.
- For short lead-time projects, we may request payment of multiple Milestones within 7 days of signing in order to confirm our Services for your Project and re-prioritise our resources. This amount is not refundable due to the required effort and Services to prioritise your Project and extra resources we will apply to help your Project that we can’t then re-deploy elsewhere.
- For long-term projects, we may offer a retainer option in which the total project amount will be divided into equal payments across the duration of the projects
FEES PAID IN MILESTONES
We create a bespoke package of Services specific to your Project.
- For ease of payment, we may allow payment of our Fees by installments.
- In some cases, you pay for Fees for our Services in advance, and in other circumstances, such as Supplier Management Fees, you pay in arrears.
SUPPLIER MANAGEMENT SERVICE TO COORDINATE SUPPLIERS
- If you engage our Supplier Management Services to buy or organise goods and services on your behalf for your Project, we add these costs onto our milestone invoices along with our Supplier Management Fee.
- Our standard Supplier Management Service Fee is 25%, or as set out in an agreed Project Scope.
- We may also pass on some expenses to you, which we will invoice you for. We’ll let you know what the expenses will be before we incur them. For example, reasonable travel expenses if you ask us to attend a meeting in a remote location outside of the Project Scope inclusions.
5. Risk and title
RISK AND TITLE IN GOODS USED FOR THE PROJECT
- Title in any goods purchased for this Project by us transfers to you after you have paid our full Fees and any other supplementary costs in line with the agreed Project Scope and these Terms.
- Title (or ownership) in goods you hire from us or others never passes to you.
- Risk and responsibility in any goods purchased or hired for this Project transfer to you after those goods leave our (or a third party supplier’s) premises for delivery to your nominated delivery address.
PROJECT DELIVERY
6. Working with third-party suppliers
YOU ARE RESPONSIBLE FOR THIRD-PARTY SUPPLIERS
It takes a village to create a fantastic event or marketing campaign and we rely on your ideas as well as the cooperation and skills of other third-party suppliers.
- You can ask us to scout or book particular suppliers for your Project and we may agree to this in our Project Scope with you.
- If we engage third-party suppliers for your project, we do it as your authorised agent, we do not engage them as our subcontractors.
- The ultimate responsibility for selecting various third-party suppliers is your responsibility.
THIRD-PARTY SUPPLIERS MAY HAVE THEIR OWN PARTICULAR SET OF SERVICE TERMS
Third-party suppliers have their own set of terms that may apply in relation to the goods and services which you buy from them for your Project. For example, the venue supplier might have rules around not bringing alcoholic beverages to their venue and you agree to comply with such requirements.
7. Insurance
YOU ARE RESPONSIBLE FOR YOUR OWN PROJECT
- Whilst we help you organise your Project, the Event and the Project are ultimately your responsibility.
- Any insurance specific to your Project or Event is your responsibility and you’ll need to make you have the correct insurance in place
- We have adequate insurance for our own activities and business practices. We can provide a certificate of insurance upon request.
- We advise you to take out separate insurance for your Project and the Event.
8. Service Hours
We work tirelessly for our clients but rest is essential.
- We build our work plan on your Project around a defined schedule and so we have specific Service Hours agreed upon with you in a Project Scope.
- Work required urgently or Projects with Event Dates outside these standard hours attract a premium rate to reflect the greater cost and urgency needed.
- We’ll let you know the rate before agreeing to complete the work.
- We can be working on a number of projects at any given time so kindly ask for your patience.
MAKING CHANGES TO PROJECTS
9. Making changes to your Project
OUR APPROACH TO PROJECT CHANGES
We understand there you may need to make changes to projects. Whilst all projects can have their own particular set of quirks, here is how we approach project changes.
CAN YOU CANCEL OR RE-SCHEDULE A PROJECT?
We know sometimes things happen which means you might need to change a Project.
- If you need to change a Project, please let us know as soon as you can. This gives us the greatest opportunity to minimise both your and our cost impacts.
- It is your responsibility to make sure you promptly notify us via email about any changes to the Project.
- In the unlikely circumstance, we may not be able to complete or continue with the Project
- We charge a reasonable Rescheduling Fee to update your Project. We’ll let you know the costs before you agree to the Rescheduling, but below are some examples to use as a guide.
A Minor Project change could be a change of venue with more than 6 weeks’ notice or a request for a social media post with less than a week’s notice
Minor changes: 5 – 15% of total Project Fees
A Major Project change could be postponing an event indefinitely with 2 weeks’ notice or a redesign of marketing collateral after being approved for distribution
Major changes: 20 – 30% of total Project Fees.
WHAT ABOUT GOVERNMENT-REQUIRED IMPACTS?
We treat government-required impacts as we would other kinds of impacts such as bad weather or extreme heat.
- We always aim to balance the work we’ve completed and the Rescheduling Services needed with any health-related requirements to reschedule a Project.
OTHER SUPPLIERS APPROACH PROJECT CHANGES DIFFERENTLY.
Despite this agreement we have with you, other third-party suppliers might have their own approach to Project changes, which we have no control over. For example, if you order catering for 200 people, but ultimately restrictions mean only 150 people are permitted, then unless the changes are made within the caterers required notice period, it is likely you will need to pay for the full 200-person catering.
CANCELLING A PROJECT
- Because of the work we put into your project and the other costs we’ve incurred in good faith, it is unlikely you will receive a full refund unless we have completely underdelivered on what we said we would deliver in the agreed Project Scope.
- We may charge a reasonable cancellation Fee and/or keep Milestone payments we’ve received already for work we have completed for your Project.
INTELLECTUAL PROPERTY AND INFORMATION
10. Right to use materials
NO CHANGES TO PRE-EXISTING INTELLECTUAL PROPERTY
Both of us acknowledge that any pre-existing IP rights remain the property of the owner and remain unchanged by this agreement unless expressly set out in a Project Scope.
WE BOTH MUST HAVE THE RIGHT TO USE THE MATERIAL WE SHARE
- Both of us promise to each other that we either own or have appropriate permission to use all elements of text, images, or other artwork we provide to the other for the purposes of the Project.
- Unless caused or contributed to by the negligence or wilful misconduct or breach of this agreement by the other party, we both agree to pay for costs suffered by the other from a third party claim of IP Rights infringement arising out of the use of the others’ materials in accordance with this agreement.
PROMOTION AND USING YOUR IP
- We will not use your Intellectual Property for any purpose other than delivering the Services or promoting our Services as set out in the Project Scope and these Terms.
- You grant us a worldwide, non-exclusive, royalty-free, non-transferable licence to use your business or trading name, logo, and other IP and brand assets in connection with the Project and to promote and manage your event.
- Before we print, publish, or display promotional materials in relation to the Project, we will get your approval.
11. Ownership of Intellectual Property (IP)
YOUR OBLIGATIONS WHEN USING OUR CONTENT
As part of the Services we supply, we may include access to some of our own Content.
- We own (or license) all Intellectual Property rights in our Content.
- We grant you a limited worldwide, non-exclusive, royalty-free license to make use of our Intellectual Property within our Content to the extent needed for you to use a Service you buy from us.
PROJECT DELIVERABLES ARE ONLY FOR YOU
Unless we give you permission in the Project Scope:
- you must not copy or create derivative, imitative works of our Content or sell or claim you own our Content
- BA keeps all ownership of Content and underlying templates and frameworks used to create deliverables. For example, if we collaborate with you to develop an event format and agenda, you can then re-use the event format and agenda document under the broad licence (after you pay us!) and we retain ownership in the frameworks used to develop the format. You cannot re-sell the format and agenda or claim you created them.
- We don’t guarantee a specific type of Content will be available for a set length of time and some Content is only available on a limited or single-use basis.
- As well as taking you off our VIP list, if you misuse our Content, we may take action to protect our rights without further notice to you.
- If you want to use Content outside the Project Scope, let’s organise a chat.
12. Testimonials + content you give to us
WE CAN USE PUBLIC FEEDBACK TO PROMOTE OUR BUSINESS
- If you give feedback in a public forum, you give us permission to use that content and related personal information publicly. For example, we may take a screenshot of a positive Google review or Instagram story and use that material to promote BA.
- If you send private feedback, you give us permission to use that content anonymously on our Sites. We won’t attach private feedback to you by name without getting your permission first.
- If you give permission and later change your mind, let us know and we’ll make reasonable efforts to remove it.
WE MAY TAKE PHOTOS AND VIDEOS AT EVENTS
- We like to capture the magic of our Projects and Events to both promote our fantastic clients and showcase all the fun people have thanks to our Services!
- Provided we don’t spoil a surprise party or otherwise share confidential information, you agree that we may take photographs and film before, during, and after a Project.
- You agree to include a notification and release from Event attendees confirming that they may be photographed or filmed at the Event, and we may use such photos and video for promotional purposes.
- See our Privacy Policy for more details on how we manage personal information.
13. Protecting personal information
We handle the information you give us in line with our Privacy Policy, available at our Site.
- When you work with us, you consent to our collection and use of personal information in line with these Terms and our other policies, including for marketing purposes (which you can opt-out of at any time).
- When you share information with us, you promise us that:
- Wherever possible, you will de-identify and/or anonymise data; and
- You have consent from the relevant individual to share their personal information.
14. Protecting Confidential Information
We both agree Confidential Information is commercially sensitive and valuable so that unauthorised disclosure or use of the other’s Confidential Information could cause significant damage.
- Confidential Information can only be used for the purposes set out in these Terms (i.e. the purpose of delivering the Services in the Service Scope).
- Neither of us can use or disclose the other’s Confidential Information for a purpose not allowed under the Terms without express written consent from the other.
- Both you and we must maintain strict confidentiality in relation to the confidential information and must not share any aspect of Confidential Information to anyone not employed or engaged in relation to fulfilling its obligations under the Agreement.
PAYING FOR LOSSES + LIMITING LIABILITY
15. Results and expectations
YOUR RESULTS DEPEND ON MANY DIFFERENT FACTORS
We cannot and do not guarantee particular business or other outcomes for buying our Services. Outcomes depend on many different factors including:
- Current market factors, restrictions for events and projects similar to yours
- Resources, systems, and team members you have available to create assets implement recommendations,
- Your ability and willingness to follow and implement our recommendations,
- Accuracy and completeness of the information you provide us,
- Event and industry trends, weather, and other factors
- Audience reach, changes in algorithms, and other marketing factors
- Your budget spend on the project
16. We use reasonable care + skill
We use reasonable care and skill to deliver Services to you, however, you agree that:
- We cannot and do not promise our Services or Content will be continuously available or fault free;
- If things outside our reasonable control impact our ability to supply the Service, you agree we are not responsible for impacts on you as a result; and
- We supply our Services and related content in good faith, based on the information you provide us, and you are responsible for your use of our Services. For example, if your team doesn’t complete tasks assigned on time or misinterpret our advice so you fail to apply for a required council licence to run your Project, we’re not responsible for that outcome.
- You understand that changes in your region, industry, target market, and other factors might mean our Services or recommendations are no longer accurate or as impactful as intended, despite our best efforts
17. Delay
THINGS OUTSIDE OUR REASONABLE CONTROL
- Neither you nor we are liable to the other for a delay or failure to perform obligations in this Agreement caused by circumstances outside of reasonable control, other than the payment of money.
- If we become aware of anything likely to result in a material delay in or failure to perform any Services, we will let you know promptly
18. Limitations and Exclusions of Liability
WE BOTH EXCLUDE SPECIAL KINDS OF LOSS
- To the extent allowed by law, both parties exclude all liability for claims by the other or a third party for all forms of loss or damage, including loss or inaccuracy of data or loss of business profits or revenue.
WE LIMIT OUR LIABILITY TO YOU
Nothing in these Terms restricts consumer laws that may apply to your purchase of our Services.
- Unless we cause loss with our negligence or wilful misconduct or we infringe on a third party’s intellectual property rights, we are not responsible for any loss caused by your use of our Services (or any inability to use a Service).
- Where we cannot exclude our liability, our total liability to you is limited as follows: if the breach relates to goods, we’ll replace or repair the goods; or if the breach relates to services, we’ll re-supply the services or the pay costs of re-supplying the services.
19. Paying for losses
PAYING US IF YOU CAUSE US A LOSS
To the extent allowed by law, you must pay us for costs we incur caused or contribute to by:
Inaccurate or misleading info you give us,
- Your breach of applicable laws or regulations, or
- Your use or misuse of Services or our Content. For example, if you give us details to brief a graphic designer, and you get details incorrect, we’re not required to double-check your information and we’re not responsible for the outcomes, such as incorrect Event collateral or the need to correct and re-print collateral.
RESOLVING DISPUTES
20. Let us know if you have an issue
We always want happy Clients, so if you have any issues, please let us know so we can help resolve them.
WE’LL WORK TOGETHER TO FIX DISPUTES
- If a dispute crops up, we both agree to act reasonably to resolve it.
- If you have an issue with our Services, you’ll need to work with us so we can help resolve that issue.
- Contact us via email and include relevant information so we can help resolve your issue.
- We confirm we received your complaint within 5 business days and work to investigate and resolve your complaint within 14 days.
- If we can’t resolve your issue after this, we will be in touch to set out some proposed next steps.
21. Termination + Suspension
WE MIGHT SUSPEND OR END THIS AGREEMENT
We try to discuss and resolve issues with you first but may suspend or terminate a Service at once if:
- You do not pay us undisputed Fees after we have given you reasonable notice to pay; or
- You’re in breach of this Agreement and either you can’t fix that breach, or you don’t fix the breach after we give you a reasonable time to fix the breach; or
- You fail to give us instructions or complete your obligations within a reasonable time; or
- We reasonably consider mutual trust and confidence no longer exist in our relationship with you, or your behaviour is likely to damage our reputation.
WHEN CAN WE SUSPEND OR END THIS AGREEMENT?
Either Client or BA can end this Agreement on 30 days written notice to the other.
- Unless we are in breach of this agreement, we may charge a reasonable cancellation fee if you end the Agreement during a Project.
- See the Making changes to Projects section for more details.
22. Actions after termination or suspension
If we end or suspend a Project because of your behaviour or breach of the Terms:
- You must pay for all Services we’ve completed up until the Agreement ends.
- You are generally not entitled to a refund for the Fees. We may decide to refund a portion of Fees already paid, less reasonable costs we incurred for Services delivered and/or administrative costs; and
- You are no longer allowed to use our Content included with our Services.
USING OUR SITE
23. Visiting and using our Site
Our Site has materials, information, and Content which we lovingly and carefully create. We grant you a limited licence to use our Site and Content as set out in these Terms.
- We are happy for you to access our Site and Content but only if you use them as set out in these Terms.
- Any other uses are not allowed unless we first give you permission in writing.
COMPETITORS, YOU’RE NOT ON THE LIST!
- You must not use our Site or Content in a way that competes with our business or breaches our IP rights.
- If you want to collaborate with us, let’s talk!
24. Security
We have systems & processes to store + manage information, but in general, the internet and our Sites may not be 100% secure.
25. We don’t tolerate bad behaviour
Engaging in bad behaviour may result in us reporting you to relevant authorities and/or remove your access to our Site and Content without notice.
- If you use our Site and Content, you must not do (or try to do) anything unlawful or that we reasonably think is inappropriate or might damage our reputation.
- You must not tamper with or modify our Site, or knowingly send viruses or other disabling features, including by using trojan horses or programming routines that may damage or interfere with our Site.
26. Affiliate links
We have partnerships with some third parties who offer products and services we love.
- Some of the links on our Site are affiliate links. This means we may earn a small commission if you purchase after clicking on these links.
27. Changes to our products and services
Sometimes we might update pricing or descriptions of products and services on our Site.
- We might need to refuse or cancel your online orders if our Site information or products and services are incorrect.
- We try to do this within a reasonable time of realising.
28. Closing our Site
We may, at any time and without notice to you, close our Site or parts of it.
- We can exclude anyone from our Site. This will generally be because they engaged in the bad behaviour mentioned above.
- We’re not responsible for any loss or damage you suffer in connection with our decision to exclude you from the Site or close down the Site.
GENERAL DETAILS
29. General agreement details
CHANGING THESE TERMS
Any changes to the Project Scope must be agreed upon in writing and signed by all parties.
- We may change our Terms from time to time, so please be sure to read them with each new Project.
TRANSFERRING THIS AGREEMENT
We may assign, subcontract, or transfer some or all our rights or obligations under this Agreement without notice to you. You cannot assign, subcontract, or transfer your rights or obligations under this Agreement without our consent.
SURVIVAL
Some rights and obligations under our agreement with you remain in force after these Terms expire or end. These include the rights and obligations under the following sections: Paying for Services, Ownership of Intellectual Property (IP), Our Content, Paying for losses + limiting liability, and Actions after termination or suspension.
OTHER GENERAL DETAILS
- Invalid parts severed: If a court of law decides one or more parts of our Agreement with you are invalid, only those parts are severed from the Agreement and other parts remain in full force and effect.
- Passwords: If we give you a username and/or password to access Site features or extra Content, you must keep those details confidential. You are responsible for any unauthorised use or misuse of your passwords and resulting Site and Content use.
- No waiver: Delay or failure to exercise rights or a partial exercise of rights is not a waiver of those rights.
- Force Majeure: Neither party is liable for performance delays or for non-performance due to causes beyond its reasonable control, except for payment obligations.
- Full agreement: This agreement outlines the full agreement between us for Services we supply you.
- Governing law: This Agreement is governed by the laws in force in Victoria, and the parties agree to submit to that jurisdiction.
30. Dictionary
CAPITALISED WORDS HAVE THE FOLLOWING MEANINGS
- Confidential Information includes all material, IP, non-public, business-related information disclosed or made available to the receiving party through any means, relating to a party’s business but excludes information that, without breaching this agreement, is already public or known to the receiving party.
- Content means all tools we create, develop, or use to supply you with a Service, which might include one or more of the following: access to videos, written information, audio, lessons, digital products, classes, workshops, training plans, feedback, advice, programs, content on our Site, digital products, eBooks, and/or webinars. BA always retains ownership of all our Content.
- Fees mean the charges you pay to us for the Services we provide, as set out in a Project Scope or as otherwise agreed with you.
- Intellectual Property (IP) means any and all of the following in any jurisdiction throughout the world: trademarks and service marks, including all applications and registrations, and goodwill connected with the use of them, patents, copyrights, Site, and internet domain names, including all related applications and registrations, trade secrets and confidential know-how, other intellectual property and related proprietary rights, interests, and protections. Our Content forms part of BA’s Intellectual Property.
- Supplier Management Services Fee means the Fees we charge you for our coordination and management of other suppliers or to procure goods for your Project, as set out in your Project Scope.
- Project Period means the set period of time during which we will provide the specific Services in an agreed Project Scope.
- Project Scope means the document or online information we agree with you that outlines the type of Services you buy, the length and type of Project, the included Content, as well as the applicable Fees.
- Services means the various event organisation and marketing services we offer from time to time, including event management, consulting, webinars, workshops, courses, and other related products and services
- Session means scheduled time we agree with you to spend with you to work on helping your business and providing our Services to you.
- Site includes our website bonacciagency.com, and our presence on third-party applications such as social media platforms like LinkedIn, Facebook, and on Instagram.
If you have any questions or notices about these Terms or our other policies, please email us at hello@bonacciagency.com, we are happy to help.
Last updated, January 2023.
We look forward to working with you.
