Terms & Conditions

TERMS OF ENGAGEMENT

 

Last updated: September 2026

 

By submitting a project enquiry, project brief, or booking form to MedixAds, the client (or the person authorised to act on the client's behalf) confirms that they have read, understood, and agreed to these Terms of Engagement.

 

These Terms apply to all services provided by MedixAds unless otherwise agreed in writing.

 

1. Clinical and Regulatory Compliance

 

All content, claims, text, and information provided to MedixAds has been reviewed and approved by the client. The client accepts full responsibility for ensuring all material is clinically accurate, ethically appropriate, and compliant with the standards and advertising guidelines of their relevant governing body, including but not limited to:

 

the Australian Health Practitioner Regulation Agency (AHPRA) and the *Health Practitioner Regulation National Law*, including the *Guidelines for advertising regulated health services*

 

the relevant professional college or association

 

the Therapeutic Goods Administration (TGA) where the material refers to therapeutic goods, devices, or treatments

 

any additional regulatory requirements applicable to cosmetic, non-surgical aesthetic, or allied health practitioners

 

MedixAds accepts no liability for regulatory complaints, findings, or penalties arising from client-supplied content.

 

2. Scope of Service — Content Responsibility

 

MedixAds provides graphic design and print coordination services. This is not a content writing or copywriting service. The client is responsible for providing all substantive content, including text, key messages, service descriptions, and any clinical or promotional claims. MedixAds may assist with minor copy tidying (such as formatting, punctuation, or light editing for readability) at its discretion, but this does not constitute content creation, clinical review, or regulatory review. The client remains solely responsible for the accuracy, appropriateness, and compliance of all content included in the final design.

 

3. Intellectual Property — Imagery and Artwork

 

The client confirms they hold the necessary rights, licences, or permissions to use all images, photographs, logos, illustrations, and artwork submitted. MedixAds accepts no liability for any intellectual property infringement arising from client-supplied assets.

 

4. Intellectual Property — Text and Slogans

 

The client confirms they hold the necessary rights to use all text, taglines, slogans, and written content provided. MedixAds accepts no liability for trademark or copyright infringement arising from client-supplied copy.

 

5. Authority to Submit

 

The person submitting this form confirms they are authorised to act on behalf of the practice, business, or practitioner named in this form, including the authority to approve design briefs, provide content, and commit to payment. This includes submissions made by administrative staff, practice managers, or representatives acting on behalf of individual practitioners or multi-site organisations.

 

The person submitting the form also confirms they have authority to provide materials on behalf of any third parties whose image, likeness, or intellectual property appears in the materials submitted, and that all necessary consents, releases, and licences have been obtained.

 

6. Patient Imagery and Clinical Photographs

 

If the client submits patient-related or clinical imagery (including before/after photographs, clinical case images, or identifiable patient photographs), the client confirms that they have obtained **written informed consent** from the patient (or their legal representative) for the specific use of those images in the proposed design, and that this consent has been recorded in accordance with the client's profession's standards.

 

MedixAds will not use patient-identifying information beyond what is necessary to complete the project.

 

7. Handling of Sensitive Information

 

Clients should not submit patient names, medical records, health information, referral content, or other patient-identifying information through project forms unless this is specifically required and agreed in writing with MedixAds in advance.

 

If sensitive or patient-identifying information is inadvertently submitted, MedixAds will, where reasonably practicable, securely delete, de-identify, or return the information, and will not retain or use it for any other purpose.

 

These Terms operate alongside the MedixAds Privacy Policy, which is available at [insert URL] and incorporated by reference.

 

8. Accuracy and Approval

 

The client is responsible for proofreading and approving all final designs before print or publication. Once written approval is received, MedixAds proceeds in good faith on the basis that content has been reviewed. MedixAds is not liable for errors in content that has been approved by the client.

 

9. Revisions

 

Each project includes up to two rounds of revisions based on the original brief. A revision round is defined as a consolidated set of changes submitted in a single response. Changes that fall outside the original brief, or requests submitted after the two revision rounds are complete, will be quoted and charged separately.

 

10. Turnaround

 

Estimated turnaround times are provided per project based on scope and complexity. Timeframes are estimates only and are contingent on the client providing a complete brief, all required assets, and timely feedback. Delays in client response may affect the delivery timeline.

 

11. Payment and Deposit

 

A deposit of 50% of the quoted project fee is required before work commences. The remaining balance is due upon delivery of final files. Work will not be released until payment is received in full. Payment details are collected at the time of booking.

 

12. File Ownership and Release

 

MedixAds retains ownership of all source files (working files) on completion of the project. The client receives final files in agreed formats (e.g. PDF, JPG, PNG). If the client requires source files, a file release fee applies. This will be quoted on request.

 

Final deliverables are supplied with a licence for use by the client for the purposes agreed in the project brief.

 

13. Confidentiality

 

MedixAds treats all client information, project briefs, and practice materials as confidential. Information provided will not be shared with third parties without the client's consent, except where required to fulfil the project (e.g. print supplier). Completed work will not be used in MedixAds portfolios or promotional materials without the client's prior written permission.

 

MedixAds may use de-identified project examples for internal staff training and reference purposes without identifying the client.

 

14. Cancellation and Termination

 

If the client cancels a project after work has commenced, the deposit is non-refundable in respect of work already completed, and the client remains liable for any additional work completed up to the cancellation date, invoiced at MedixAds' standard hourly rate.

 

MedixAds may terminate the engagement immediately if the client breaches these Terms, including by submitting content that is unlawful, infringing, or that MedixAds reasonably believes to be non-compliant with regulatory requirements.

 

On termination, all fees due for work completed up to the termination date are payable.

 

15. Limitation of Liability

 

To the fullest extent permitted by law, MedixAds' total aggregate liability arising out of or in connection with the project, whether in contract, tort (including negligence), or otherwise, is limited to the total amount paid by the client for the relevant project.

 

MedixAds is not liable for indirect, consequential, or economic losses, including loss of revenue, loss of goodwill, loss of opportunity, or loss of anticipated savings.

 

Nothing in these Terms excludes or limits liability that cannot be lawfully excluded (including liability under the *Australian Consumer Law* for non-excludable guarantees).

 

16. Force Majeure

 

Neither party is liable for any failure or delay in performance caused by events outside its reasonable control, including acts of God, fire, flood, pandemics, government action, industrial action, supply chain disruption, or failure of third-party providers. Where such an event occurs, the affected party will notify the other as soon as reasonably practicable and take reasonable steps to mitigate its impact.

 

17. Dispute Resolution

 

If a dispute arises in connection with these Terms or a project, the parties agree to attempt to resolve the dispute informally in good faith within [14] business days of written notice.

 

If the dispute cannot be resolved informally, the parties may agree to refer the matter to mediation under the rules of the Resolution Institute or another mediator mutually agreed.

 

18. Governing Law and Jurisdiction

 

These Terms are governed by the laws of Queensland, Australia. Any dispute arising in connection with these Terms is to be determined in the courts of Queensland.

 

19. Data Retention and Destruction

 

MedixAds will retain project materials, source files, and correspondence in accordance with its Privacy Policy. On request from the client, MedixAds will take reasonable steps to securely delete or return project materials, subject to any legal or accounting obligations to retain records.

 

20. Variations and Additional Services

 

Any changes to the scope of a project, or additional services requested beyond the original brief, will be quoted separately and must be agreed in writing before work commences.

 

21. Indemnity

 

The client indemnifies MedixAds against any claim, loss, or liability arising from the use of client-supplied content, including complaints from regulatory bodies, third-party intellectual property claims, or patient and consumer complaints related to the materials produced.

 

22. Acceptance

 

Submission of a project enquiry, project brief, or booking form to MedixAds constitutes the client's acceptance of these Terms of Engagement.