AGREEMENTS

Terms of Service


These are Jewell's standard Terms of Service (our terms of sale). They apply to every engagement unless a signed Master Services Agreement or Statement of Work says otherwise.

Last updated: 15 July 2026

These Terms of Service ("Terms") govern the supply of services by Jewell Group Pty Ltd as trustee for Jewell Group Trust (ABN 56 822 550 848), trading as Jewell ("Jewell", "we", "us"), to you ("the client"). They apply by default to every engagement unless we both sign a Master Services Agreement or a Statement of Work that says otherwise. Accepting a proposal, instructing us to start, or paying an invoice means you accept these Terms.

1. Engagement and scope

Our services and deliverables are set out in a proposal or Statement of Work ("SOW"). Work is agreed when you accept the proposal or SOW in writing (email is enough) or ask us to begin. Anything not described in the proposal or SOW is out of scope. Changes to scope, timing or fees must be agreed in writing before we act on them; for these Terms, an exchange of emails is sufficient.

2. Fees and payment

  • Prices exclude GST unless stated otherwise; GST is added where it applies.
  • We invoice as set out in the proposal or SOW (for example, a deposit to commence and the balance on delivery, or monthly for ongoing work).
  • Unless stated otherwise, invoices are payable within 14 days of the invoice date.
  • If an invoice is overdue, we may suspend work until it is paid and charge interest on the overdue amount at 2% above the Reserve Bank of Australia cash rate, accruing daily.
  • If you dispute an invoice in good faith, tell us in writing within 7 days of the invoice date, pay any undisputed portion on time, and we will work with you to resolve the balance promptly.

3. Third-party and pass-through costs

Some work involves third-party costs — for example media and ad spend, printing, stock imagery, fonts, plugins, hosting, software licences and venue hire. These are billed at cost or as separately quoted, in addition to our fees. Once we commit a third-party cost on your instruction, it is non-refundable to the extent we cannot recover it.

4. Partner delivery and subcontracting

  • Jewell may engage specialist partners and subcontractors to deliver all or part of the work.
  • We remain fully responsible for the delivery as if we had performed it ourselves. Your contract is with Jewell alone; no contractual relationship is created between you and any subcontractor.
  • Our obligations of confidentiality, privacy and intellectual property flow down to our subcontractors.
  • For 12 months after the engagement ends, neither party will solicit or hire the other's personnel, partners or subcontractors who were involved in the work, except by mutual written agreement. This is intended as a reasonable protection, not a broad restraint of trade; general recruitment advertising not targeted at those people is not a breach.

5. AI-assisted delivery

  • We use AI tools under human direction and review to deliver work efficiently, and we pass that value on to you.
  • A qualified person reviews and remains accountable for every deliverable.
  • We do not use your confidential material to train publicly available AI models.
  • Where a deliverable is substantially AI-generated, we will tell you on request.
  • You remain responsible for reviewing and approving deliverables before you use them publicly. See the AI Disclosure page for more.

6. Intellectual property

On payment in full, you own the intellectual property in the final deliverables we create specifically for you. Until then, we retain ownership. In all cases:

  • Jewell retains all pre-existing and background IP, methods, frameworks (including the 3D Process), tools, code libraries, prompts and AI harnesses, and know-how. We grant you a perpetual, non-exclusive licence to use these to the extent they are embedded in your deliverables.
  • Third-party and stock materials (fonts, imagery, plugins, software) remain licensed under their own terms, and you must comply with those terms.
  • Where required, we will obtain the consents needed in relation to moral rights so you can use the deliverables as intended.

7. Case studies and portfolio

Jewell may reference work that is not confidential — including your name, logo and factual outcomes — in our case studies, portfolio, proposals and marketing. You may opt out of this, or restrict it, at any time by written notice, and anything we have agreed to treat as confidential stays out.

8. Confidentiality

Each party will keep the other's confidential information confidential and use it only for the engagement. This does not apply to information that is public through no fault of the receiving party, was already known to it, is independently developed, or must be disclosed by law. These obligations survive for 5 years after the engagement ends, and indefinitely for trade secrets.

9. Privacy

Each party will comply with the Privacy Act 1988 (Cth). Jewell handles personal information in line with its Privacy Policy and, where it applies, the Data Processing Addendum.

10. Australian Consumer Law

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy under the Australian Consumer Law that cannot lawfully be excluded. To the extent the law permits, our liability for breach of a non-excludable guarantee in relation to services is limited, at our option, to resupplying the services or paying the cost of having them resupplied (as contemplated by section 64A).

11. Liability

  • Subject to the Australian Consumer Law and the carve-outs below, our aggregate liability arising out of or in connection with the engagement is capped at the fees paid or payable under the relevant proposal or SOW in the 12 months before the event giving rise to the claim.
  • We are not liable for indirect or consequential loss, or for loss of profit, revenue, data or goodwill, however arising.
  • Our liability is reduced to the extent your acts, omissions or breach contributed to the loss.
  • We are not liable for the acts, omissions or outages of third-party platforms (for example ad platforms, hosting providers and social networks) beyond using reasonable efforts to pass through any remedies available to us.
  • Nothing in this clause limits liability that cannot be limited by law, or liability for fraud or wilful misconduct.

12. Client obligations

You agree to provide information, materials, access and approvals in a timely way, and to nominate a person who can give decisions and sign-off. You are responsible for the accuracy of content you supply, and you warrant that you have the rights to any materials you give us to use. Delays caused by missing information or approvals extend our timelines accordingly.

13. Term, suspension and termination

  • Either party may terminate for material breach that is not remedied within 14 days of written notice, or immediately if the other becomes insolvent.
  • You may terminate for convenience on 14 days' written notice, in which case you pay for work performed up to termination plus any committed third-party costs we cannot avoid.
  • We may suspend work for non-payment.
  • On termination, you pay all amounts due, we hand over paid-for deliverables in their then-current form, and each party returns or deletes the other's confidential information on request.
  • Clauses that by their nature should survive termination (including IP, confidentiality, liability and dispute resolution) continue to apply.

14. Disputes and governing law

If a dispute arises, the parties will first try to resolve it in good faith through senior representatives within 10 business days. If it is not resolved, the parties will refer it to mediation administered by the Resolution Institute in Sydney before starting court proceedings, except for urgent injunctive relief. These Terms are governed by the laws of New South Wales, Australia, and the parties submit to the exclusive jurisdiction of the courts of New South Wales.

15. General

  • These Terms, together with the relevant proposal or SOW, are the entire agreement between the parties on their subject matter.
  • We may update these Terms from time to time by posting the current version here; the version in force is the one current when your engagement is agreed.
  • You may not assign the engagement without our consent. We may assign or novate it to an affiliate or as part of a restructure, and otherwise with your consent (not to be unreasonably withheld).
  • Notices may be given by email to the addresses the parties use for the engagement.
  • If any provision is unenforceable, it is severed and the rest continues. A failure to enforce a right is not a waiver of it.
  • Neither party is liable for delay or failure caused by events beyond its reasonable control (force majeure).
  • The parties are independent contractors; nothing creates a partnership, agency or employment relationship.

Jewell Group Pty Ltd. These terms may change without notice; the current version lives here. Questions? hello@jewellai.com.


LEGAL LIBRARY

All of Jewell's terms, in one place.

Business details, policies, service terms by discipline and the agreements behind each engagement.