SERVICE AGREEMENT
BrimbleCorp Pty Ltd T/A Brimble Media
ABN: 34 637 082 323
1. Investment
- Special Warm-Up Rate (Australia Only): For the first 12 months, the Client will be charged $550 AUD per month (inclusive of GST).
- Standard Rate (from Month 13 onwards): $1,100 AUD per month (inclusive of GST, month-to-month).
Payment Timing: Invoices for service fees are issued monthly and due within 3 days of invoice.
Rising Costs Clause: Fees may be adjusted in writing if hard costs (e.g., platform fees, software, compliance) rise materially.
2. Commission
- Paid Engagements (Stages, Podcasts, Articles, Media): 20% commission (plus GST if applicable on opportunities within Australia), on all paid opportunities generated and presented by Brimble Media.
- Payment Timing: Commission invoices are due within 14 days of the Client receiving payment from the organiser.
- Where Brimble Media receives payment first: Brimble will deduct the agreed commission and remit the balance to the Client within 14 days of payment being released.
3. Scope of Services
Brimble Media will:
- Conduct outreach to secure stage, podcast, article, and media opportunities.
- Customise outreach scripts and positioning aligned with the Client’s profile.
- Facilitate introductions and confirm opportunities with organisers.
- Provide a WhatsApp group for real-time updates and follow-ups.
- Deliver transparent reporting on outreach volume and results.
Exclusions:
Brimble Media is not responsible for the Client’s performance, delivery, or fulfilment of engagements.
4. Client Responsiveness
- The Client must respond to paid opportunities presented within 72 hours of notification (accept, decline, or request more information).
- If declined, opportunities may be re-approached by Brimble Media at a later stage.
- Opportunities presented remain commissionable if re-engaged by the Client within 12 months after termination of this Agreement.
5. Exclusivity
- All opportunities sourced by Brimble Media must be booked through Brimble Media.
- The Client cannot bypass Brimble Media to avoid commission obligations.
6. Termination
- Either party may terminate this Agreement with 7 days’ written notice prior to the next invoice date.
- Upon termination, commission remains payable on:
- Any opportunities already accepted; and
- Any opportunities confirmed in writing within 60 days post-termination.
- Opportunities introduced by Brimble Media remain commissionable if re-engaged within 12 months of introduction.
7. Late Payments
- Overdue service fees or commission invoices may accrue 2% per month simple interest (non-compounding), plus any reasonable collection costs incurred.
- If any payments are overdue, Brimble Media reserves the right to pause or stop servicing this contract until all outstanding amounts are settled.
8. No Refunds
Once outreach begins, service fees are non-refundable.
9. Publicity Rights
The Client grants Brimble Media the right to list them as part of its client roster and to reference confirmed engagements for marketing or promotional purposes, unless otherwise agreed in writing.
10. No Liability
Brimble Media will use best efforts to secure opportunities but accepts no liability for outcomes beyond its control, including organiser changes, cancellations, rescheduling, or the Client’s performance and delivery.
11. Creative Freedom
The Client authorises Brimble Media to exercise reasonable creative freedom in outreach, positioning, and pitching to maximise booking outcomes. Brimble Media will ensure all representation remains aligned with the Client’s approved brand, profile, and objectives.
12. Force Majeure
Neither party will be held liable for delays or failures caused by events outside reasonable control, including but not limited to natural disasters, pandemics, government restrictions, strikes, or platform outages.
13. Confidentiality & Data
- Both parties will keep confidential any proprietary data, lists, or processes shared during the engagement.
- Client data will only be used for outreach and handled securely.
14. Definitions
For the purpose of this Agreement:
- Introduced: An opportunity where Brimble Media has directly connected the Client with an organiser or outlet.
- Confirmed: An opportunity accepted by the Client and acknowledged in writing by the organiser.
Engaged: An opportunity where the Client has either accepted or participated, and payment has been made or contractually committed.
15. Governing Law & Dispute Resolution
- This Agreement is governed by the laws of Queensland, Australia.
- Both parties agree to attempt resolution through good faith mediation before commencing legal action.
16. Digital Execution
This Agreement may be executed electronically. Digital signatures, typed names, or confirmation via email or payment of invoice shall be deemed valid and binding.
By signing below, or by paying the first invoice, the Client accepts all terms in full.
