Terms of Service

Darling Bloom Collective Pty Ltd (ABN 92 699 772 695)
Last updated: October 2026

About these terms

These terms apply to your use of our website and to any services we provide. Darling Bloom Collective Pty Ltd ("Darling Bloom", "we", "us") is a Melbourne-based brand and marketing collective. If a proposal or engagement letter we have agreed with you conflicts with these terms, the proposal or engagement letter applies.

Part A: Using our website

Website content
The content on this website is owned by or licensed to Darling Bloom. You may view and share it for personal, non-commercial purposes. You need our written consent to reproduce it for any commercial purpose.

General information only
Content on this website is general information and is not professional advice for your circumstances. We take care to keep it accurate but do not guarantee it is complete or free from errors.

Privacy
We handle personal information in line with our Privacy Policy.

Part B: Engaging our services

Services
We provide strategic marketing, brand development, content, SEO, paid media, campaign management, creative and fractional marketing services. The scope, deliverables, timing and fees for each engagement are set out in your proposal or engagement letter.

Fees and payment
Fees are in Australian dollars and exclude GST unless stated otherwise.

For projects, a 50% deposit is required before work begins. The balance is invoiced as set out in your proposal.

Retainers are invoiced monthly in advance, and the first invoice must be paid before work begins.

Invoices are payable within 7 days unless your proposal states otherwise. If an amount is overdue, we may charge interest at the rate set under the Penalty Interest Rates Act 1983 (Vic), and we may pause work after giving you written notice.

Advertising spend and third-party costs
Advertising spend on platforms such as Meta and Google is paid by you directly to the platform, using your own payment method and accounts. It is not included in our fees. Any other third-party costs, such as stock imagery, software, printing or production, will be agreed with you before they are incurred.

Your responsibilities
You agree to provide the information, approvals and access we reasonably need to deliver the services. You are responsible for making sure any materials you supply do not infringe anyone else's rights.

You are responsible for reviewing and approving all content before it is published. That includes making sure any claims about your products or services are accurate and comply with the laws, codes and brand or licensing guidelines that apply to your business.

If delays in information, approvals or access will affect timelines or costs, we will let you know before any extra costs are incurred.

Accounts and access
You own your advertising, analytics, social media, website and email marketing accounts. We access them only to deliver the services. When an engagement ends, we will remove our access or hand over any account administration on request. Where we have set up an account on your behalf, ownership will be transferred to you.

Results
Marketing performance depends on many factors outside our control, including platform algorithms, search engine changes, competitor activity, market conditions and your own operations. We will apply our expertise and care to every engagement, but we do not guarantee specific results, such as sales, leads, rankings, reach or return on ad spend.

Our team, subcontractors and AI tools
We work with a network of specialist subcontractors, including web developers, photographers, videographers and media specialists. We remain responsible for their work and require them to keep your information confidential.

We use business versions of AI tools to support research, drafting, analysis and content production. Our AI tools' terms allow their outputs to be used commercially. All AI-assisted work is reviewed and refined by our team before delivery. We do not enter sensitive information into AI tools, and client data is de-identified before use. We can tell you which kinds of AI tools we use on request. If you need deliverables produced without AI, please tell us before work begins, as this may affect timing and fees.

Copyright in AI-generated material is unsettled in Australia, so we cannot guarantee that AI-assisted elements of a deliverable are unique or protected by copyright. On full payment, we transfer to you whatever rights we hold in them, along with ownership of the rest of the deliverables.

Ending an engagement
Either party may end a retainer by giving 30 days' written notice. Fees for the notice period remain payable.

You may cancel a project by giving written notice. You will pay for work completed and costs committed up to the date of cancellation, and we will refund any fees paid for work not yet performed.

Either party may end an engagement immediately by written notice if the other party commits a material breach and does not remedy it within 14 days of being notified in writing.

If circumstances beyond our reasonable control require a material change, postponement or cancellation, we will tell you promptly and work with you on a revised plan. If the work cannot go ahead, we will refund fees paid for work not yet performed.

Intellectual property
Once you have paid in full, ownership of the final deliverables transfers to you.

We keep ownership of our pre-existing materials, methods, templates and tools. We grant you a licence to use them as part of the deliverables.

Third-party materials, including licensed brands, characters, stock assets and fonts, remain owned by their owners and are subject to their licence terms.

Unless you ask us not to, we may reference our work with you and show non-confidential deliverables in our portfolio and credentials.

Confidentiality
Each party will keep the other's confidential information confidential and use it only for the engagement. This obligation continues after the engagement ends.

Non-solicitation
During the engagement and for 12 months after it ends, you agree not to directly engage any of our team members or subcontractors you were introduced to through our work, without our written consent.

Australian Consumer Law
Nothing in these terms excludes, restricts or modifies any consumer guarantee, right or remedy under the Australian Consumer Law or any other law that cannot be excluded.

Liability
To the maximum extent permitted by law, and except for liability that cannot be excluded, our total liability in connection with the services is limited, at our option, to supplying the services again or paying the cost of having them supplied again. Neither party is liable for indirect or consequential loss, including loss of profit, revenue or opportunity, except where the law does not allow this to be excluded.

Disputes
If a dispute arises, senior representatives of both parties will first try in good faith to resolve it within 21 days before either party starts court proceedings. Either party may seek urgent injunctive relief at any time.

Governing law
These terms are governed by the laws of Victoria, Australia. Both parties submit to the jurisdiction of the courts of Victoria.

Changes to these terms
We may update these terms from time to time. The current version and date will always be on this page. Engagements already underway continue under the terms in place when they were agreed.

Contact us

Darling Bloom Collective Pty Ltd
ABN 92 699 772 695
Email: hello@darlingbloom.com.au
Phone: +61 411 116 326
Melbourne, Australia