Terms & Conditions
Effective date: 1 November 2025
Introduction
These Terms and Conditions govern your use of the Orpheus Creative website and services. By accessing this website or engaging Orpheus Creative for services, you agree to be bound by these Terms and Conditions. If you do not agree, please refrain from using the website or services.
Orpheus Creative is based in Western Australia and operates in accordance with Australian law.
Services
Orpheus Creative provides creative, marketing, and digital services including (but not limited to) branding, design, web development, content creation, paid advertising, strategy, consulting, and related services.
All services are provided subject to written agreement, proposal, or scope of work. Any timelines, deliverables, or outcomes discussed are estimates only unless expressly agreed in writing.
Paid Advertising Services
Where Orpheus Creative provides paid advertising services (including but not limited to Google Ads, YouTube, Meta, TikTok, or LinkedIn advertising), we do not guarantee specific outcomes, results, or performance metrics such as impressions, clicks, conversions, or return on investment.
Advertising performance is influenced by multiple factors outside our control, including platform algorithms, market conditions, competition, audience behaviour, creative fatigue, and budget limitations.
Orpheus Creative’s role is to apply best-practice strategy, creative direction, optimisation, and management based on available data and industry standards. All advertising spend is paid directly by the client to the relevant advertising platform unless otherwise agreed in writing.
Use of Website
You agree to use this website for lawful purposes only. You must not:
Use the website in a way that disrupts or damages its functionality
Attempt unauthorised access to systems or data
Use content from this website for commercial purposes without permission
Orpheus Creative reserves the right to suspend or restrict access where misuse occurs.
Intellectual Property
Unless otherwise stated in writing, intellectual property created by Orpheus Creative remains the property of Orpheus Creative until full payment of all invoices relating to the project has been received.
Upon full payment, ownership of final approved deliverables is transferred to the client for their agreed use. This does not include working files, drafts, concepts, unused ideas, methodologies, or proprietary tools, unless explicitly agreed.
Orpheus Creative retains the right to display completed work in portfolios, case studies, marketing materials, and award submissions, unless otherwise agreed in writing.
Timelines and Delivery
Any timelines provided by Orpheus Creative are estimates only, unless expressly agreed in writing. Project timelines are dependent on timely client input, feedback, approvals, and the provision of required materials.
Delays caused by late approvals, changes in scope, or factors outside Orpheus Creative’s control may result in revised timelines and, where applicable, additional fees.
Orpheus Creative is not responsible for delays caused by third-party platforms, suppliers, or service providers.
Fees and Payment
Fees for services will be outlined in proposals, scopes of work, or invoices provided to you.
Unless otherwise agreed:
Invoices are payable within the timeframe stated on the invoice
Late payments may result in paused services or delayed delivery
All fees are exclusive of GST unless stated otherwise
Orpheus Creative reserves the right to recover reasonable costs associated with overdue payments.
Revisions and Approvals
Where revisions are included as part of a service, they will be defined in the agreed scope of work.
Client approval is required at various stages of a project. Delays in approvals may impact timelines and delivery dates.
Third-Party Services
Orpheus Creative may recommend or integrate third-party platforms, tools, or services (such as hosting providers, advertising platforms, or software).
Orpheus Creative is not responsible for the performance, availability, or terms of use of third-party services. Use of such services is subject to the third party’s own terms and conditions.
Limitation of Liability
To the extent permitted by law, Orpheus Creative is not liable for any indirect, incidental, or consequential loss arising from the use of our website or services.
Nothing in these Terms excludes any rights you may have under the Australian Consumer Law.
Termination
Either party may terminate a service agreement in accordance with the terms outlined in the relevant proposal or contract.
Upon termination, any outstanding fees for work completed up to the termination date remain payable.
Confidentiality
Both parties agree to keep confidential any sensitive or proprietary information disclosed during the course of a project, unless disclosure is required by law.
Changes to these Terms
Orpheus Creative may update these Terms and Conditions from time to time. The most current version will be published on this website and will apply from the effective date listed above.
Governing Law
These Terms and Conditions are governed by the laws of Western Australia, Australia. Any disputes will be subject to the exclusive jurisdiction of the courts of Western Australia.
Contact Us
For questions or concerns regarding this Privacy Policy or how we handle personal information, please contact:
Orpheus Creative
Western Australia, Australia
Email: hello@orpheuscreative.com.au
Website: www.orpheuscreative.com.au
