TERMS AND POLICIES
Hotel Jean: Terms and Conditions
Effective Date: July 7, 2025
Last Updated: September 1, 2025
These Terms & Conditions govern your engagement of Hotel Jean. They outline how our services work, payment terms, timelines, intellectual property ownership, use of third-party platforms (including Squarespace), limitations of liability, and your responsibilities as a client. By engaging Hotel Jean, you agree to be bound by these Terms.
Hotel Jean may provide a separate Plain English Summary of these Terms & Conditions for convenience and transparency. This summary is provided for guidance only, does not form part of this Agreement, and does not override or replace these Terms & Conditions. In the event of any inconsistency, these Terms & Conditions prevail.
Table of Contents
1. Summary
These Terms & Conditions (“Terms”) govern your engagement of Hotel Jean and all services provided by Hotel Jean (“we”, “us”, “our”) to you (“Client”, “you”).
By engaging Hotel Jean, you agree to these Terms, together with any applicable proposals, scopes of work, statements of work, Privacy Policy, Cookie Policy, and Data Processing Addendum, which together form the Agreement.
You agree to be bound by this Agreement by any of the following actions:
(a) making part or full payment;
(b) instructing Hotel Jean to proceed;
(c) confirming acceptance electronically or by email;
(d) confirming acceptance in writing; or
(e) checking a box, clicking “accept”, or otherwise acknowledging acceptance during onboarding, proposal approval or account setup.
The Client acknowledges that they have had a reasonable opportunity to review these Terms and obtain independent legal advice.
Electronic acceptance constitutes a valid and binding agreement.
These Terms are designed to protect both parties by clearly outlining expectations, processes, ownership, responsibilities, and legal boundaries.
Nothing in this Agreement excludes any non-excludable rights under the Australian Consumer Law. Where such guarantees apply, Hotel Jean’s liability is limited, at its option, to re-supplying the Services or paying the cost of re-supply.
Services provided by Hotel Jean are creative, strategic and discretionary in nature. No business, marketing, advertising, SEO or performance outcomes are guaranteed. No outcomes are guaranteed, whether express or implied.
This Summary is provided for convenience only and does not replace or override the full Terms & Conditions, which prevail in all cases.
2. Definitions and Interpretation
2.1. “Hotel Jean”, “we”, “us”, “our”, “the Designer” means Hotel Jean.
2.2. “Client”, “you”, “your” means the individual or entity engaging the Services.
2.3. “Agreement” means these Terms & Conditions, together with any proposal, scope, invoice, or written agreement issued by Hotel Jean.
2.4. “Services” means all creative, strategic, technical or production services provided by Hotel Jean, including but not limited to brand strategy, content creation, email marketing, advertising campaigns, website design, landing pages, photography, videography, editing, AI-assisted content and consulting.
2.5. “Deliverables” means the agreed final outputs expressly identified as final, created by Hotel Jean for the Client, including but not limited to:
Written copy and messaging
Design files and layouts
Websites and website refresh outputs
Social media assets
Email campaigns and newsletters
Strategic documentation, frameworks, and concepts
2.6. “Content” means the individual materials created by Hotel Jean for the Client, that make up the Deliverables, including but not limited to:
Written copy and messaging
Design files and layouts
Websites and website refresh outputs
Social media assets
Email campaigns and newsletters
Strategic documentation, frameworks, and concepts
2.7. “Project Timeline” means the agreed timeframe for delivery, subject to Client compliance.
2.8. “Project Agreement” means any proposal, scope of work, invoice or written agreement referencing these Terms.
2.9. “Platform” means any third-party system including Squarespace, Meta, Google, email platforms, hosting providers, or payment processors.
Headings are for convenience only and do not affect interpretation. Words in the singular include the plural and vice versa.
Interpretation rules apply in accordance with Australian contract law.
3. Services
3.1. Hotel Jean will provide the agreed Services to the best of its professional ability, using reasonable care and skill, in accordance with the scope outlined in your proposal, invoice, or written agreement (“Project Agreement”).
Services may include, but are not limited to: brand strategy, creative direction, copywriting, graphic design, social media content, email marketing, website design, website refresh services, templates, campaigns, communications support, paid advertising, AI-assisted content, photography, videography, and in-person production.
All Services are process-based and advisory, not outcome-based. Deliverables are created based on information supplied by the Client and are considered suggestive only unless otherwise stated. Results are indicative only and not guaranteed.
3.2. We reserve the right to decline, pause, or terminate Services where a request is inappropriate, unlawful, or outside the agreed scope.
3.3. The Services are strictly limited to those expressly outlined in the agreed proposal, scope, or invoice. Any work, revisions, features, deliverables, platforms, integrations, or functionality not expressly included are outside scope and may incur additional fees. No inclusions are implied.
3.4. Where Services include paid advertising, campaign management, or platform optimisation (including Meta, Google, Squarespace, email platforms or similar):
(a) Hotel Jean does not control third-party platforms, algorithms, approval processes, or enforcement decisions;
(b) advertising accounts may be suspended, restricted, or rejected at any time;
(c) advertising performance is influenced by factors outside Hotel Jean’s control and is not guaranteed; and
(d) advertising spend is incurred at the Client’s risk and remains payable regardless of outcome.
3.5. Photography, Videography and In-Person Services
Where Services include photography, videography or in-person production:
(a) the Client is responsible for all model releases, location approvals and consents;
(b) delays caused by weather, access or third parties are not Hotel Jean’s responsibility;
(c) the Client indemnifies Hotel Jean against claims arising from use of visual content; and
(d) Hotel Jean is not liable for circumstances beyond its reasonable control.
4. Proposals, Quotes and Scope Documents
All proposals, quotations, scopes of work or similar documents issued by Hotel Jean form part of this Agreement.
If there is any inconsistency, these Terms prevail unless expressly stated otherwise in writing.
5. Client Obligations and Processes
5.1. The Client warrants that any person providing instructions has full authority to bind the Client. Hotel Jean is entitled to rely on instructions from the nominated contact and is not responsible for internal disputes or approval failures.
5.2. The Client agrees to comply with Hotel Jean’s processes, timelines, systems, ways of working, forms, briefing process, refinement procedures, submission methods and methods of communication as outlined in our Project Management Platform and/or Project Agreement(s).
Failure to comply may result in suspended services, paused services, delivery of work “as is” and considered complete, and/or project closure without refund. Work delivered under these circumstances is deemed complete, with no refunds or rework, and may reflect an adjusted project scope at the discretion of Hotel Jean.
5.3. The Client warrants that all mailing lists, customer data, and marketing permissions supplied to Hotel Jean comply with:
Spam Act 2003 (Cth)
Privacy Act 1988 (Cth)
GDPR or other applicable laws
Hotel Jean does not verify consent, manage unsubscribe obligations, or ensure regulatory compliance for the Client’s marketing activities. The Client indemnifies Hotel Jean against any related claims.
6. Timeframes and Delays
6.1. All project timelines and completion dates provided by Hotel Jean are estimates only and conditional on Client responsiveness, material delivery and ability to meet agreed deadlines, including supplying collateral, completing questionnaires, and providing approvals.
6.2. Hotel Jean is not liable for delays caused by:
Client inaction or late responses
Late collateral
Delayed approvals
Third-party platforms or providers
Outages or technical issues
Events outside our reasonable control (including weather, outages, or force majeure)
6.3. If a project is inactive for 21 days or more due to Client delay, Hotel Jean may:
Cease work on the project,
Deem the project complete in its current state,
Deliver the work in its current state as final,
Provide deliverables “as is”, and considered complete,
Close the project without refund
Work delivered under these circumstances is deemed complete, with no refunds or rework, and may reflect an adjusted project scope at the discretion of Hotel Jean.
At Hotel Jean’s discretion, they may offer a “Suspension and Reactivation”. If Hotel Jean agrees to a Suspension and Reactivation of a project, this may involve revised timelines, updated rates and/or a reactivation fee.
7. Client Collateral and Access
7.1. The Client must supply all collateral, access credentials, and project materials on time and in required formats.
Collateral must be provided by the agreed date, uploaded into the Client’s dedicated folder, and in the following formats:
Text: Google Docs
Tables: Google Sheets
Images: High-resolution JPEG or PNG. Each image must be 20MB or below and clearly names and ordered.
Video: MP4 or MOV, clearly named and ordered
Logos: High Resolution PNG and Vector (AI/EPS)
Project Brief: Briefing Form supplied by Hotel Jean
Service, Product, eCommerce, Course and/or Membership Platform details: Google Sheets, within template supplied by Hotel Jean
Cookie Policy, Privacy Policy, Terms of Service: Google Docs
Any additional applicable policies, including but not limited to Return and Refund Policy, Shipping Policy, Terms and Conditions, Booking and Cancellation Policy: Google Docs
Adequate collateral must be provided, in the following volumes:
Website Projects: 10 images, all copywriting, all Policies
Social Media Calendar Projects: 30 images
Meta Advertising Campaign Projects: 5 images, 1 video (minimum 20 seconds)
Email Marketing Projects: 5 images
7.2. Failure to provide collateral or credentials on time may result in project suspension, deliverables provided “as is” and considered complete, and project closure without refund.
Work delivered under these circumstances is deemed complete, with no refunds or rework, and may reflect an adjusted project scope at the discretion of Hotel Jean.
7.3. The Client warrants ownership or valid rights to all materials provided and indemnifies Hotel Jean against claims arising from use of these materials.
The Client warrants that:
they own or have valid rights to use all materials supplied,
such materials do not infringe third-party intellectual property, privacy, or contractual rights,
Hotel Jean’s use of the materials as instructed is lawful.
The Client indemnifies Hotel Jean against all claims, losses, damages, costs, and liabilities arising from Client-supplied materials.
7.3. Marketing Compliance & Consent: the Client warrants that all mailing lists, customer data and marketing permissions supplied to Hotel Jean comply with:
Spam Act 2003 (Cth)
Privacy Act 1988 (Cth)
GDPR or other applicable laws
Hotel Jean does not verify consent, manage unsubscribe obligations or ensure regulatory compliance for the Client’s marketing activities.
8. Project Brief
Clients must complete all required Project Brief processes by the agreed dates.
Hotel Jean will complete the Services based solely on the information provided within the Project Brief form alone. We are not responsible for omissions, inaccuracies, or outcomes resulting from incomplete or unclear form responses.
Once work has commenced, no changes will be accepted until the first draft is delivered, unless otherwise agreed.
Hotel Jean reserves discretion as to how information is applied.
9. Refinements and Approvals
9.1. The Client agrees to follow Hotel Jean’s Refinement Process.
Refinements must be submitted within the agreed timeframe and process; unused allowance is forfeited.
9.2. Refinements are limited to the agreed refinement allowance. Any refinement work exceeding the allocated time will be billed at Hotel Jean’s current hourly rate.
9.3. Refinements submitted by the Client are considered to be requests only, and will be completed at Hotel Jean’s discretion.
9.4. Any approval or instruction to publish constitutes acceptance of Deliverables in their current form.
Approved Deliverables are deemed final.
10. Communication Allocation
Up to four (4) complimentary hours of communication are included per project.
Communication exceeding this allowance, within any format (including but not limited to meetings, emails, calls, and messages) will be billed at our hourly rate.
11. Communication Lapses
If the Client does not respond or engage with Hotel Jean’s communication for twenty-one (21) consecutive days, Hotel Jean may:
Suspend the project
Cease work on the project
Deem the project complete in its current state
Deliver the work in its current state as final
Provide deliverables “as is”, and considered complete
Close the project without refund
The project will be deemed complete, with no refunds or further obligations. The delivery of work under these circumstances may therefore reflect an adjusted project scope, at the discretion of Hotel Jean.
12. Payments, Deposits and Fees
12.1. All prices are stated in Australian Dollars unless otherwise specified. Fees are payable in Australian Dollars unless stated otherwise.
12.2. Full payment is required prior to commencement unless otherwise agreed.
12.3. Advertising spend, platform fees and third-party costs are payable regardless of project and/or campaign outcome.
12.4. All deposits are non-refundable under any circumstances.
If the Client decides not to go ahead with the project within the agreed timeframe, their deposit will be forfeited.
If after payment of the deposit, the Client fails to contact the Client for 21 days, they will forfeit their deposit and will lose the rights to both the agreed upon services and the time reserved to complete the services with the Designer’s calendar.
12.5. Hourly services are billed in 30-minute increments at the current hourly rate
12.6. The Client agrees not to initiate chargebacks without first attempting resolution in writing. Unauthorised chargebacks constitute a breach of this Agreement.
13. Interest and Debt Recovery
Late payments may accrue interest at the Reserve Bank of Australia cash rate plus ten percent (10%) per annum, calculated daily.
If payment remains outstanding, Hotel Jean may engage debt recovery services or commence legal proceedings. All associated costs are recoverable from the Client.
Hotel Jean may suspend Services until payment is received.
14. Refunds
Due to the nature of the Services, no refunds or returns are offered, including for change of mind, project abandonment or project closure.
15. Additional Costs and Disbursements
Payments made on the Client’s behalf (including hosting or domains) incur a 25% disbursement fee.
Ongoing third-party costs remain the Client’s responsibility.
16. Third-Party Platforms (Including Squarespace)
Where Services involve third-party platforms (including Squarespace), the Client agrees to be bound by those platforms’ terms and policies. Use of third-party services is subject to their own terms.
The Client agrees that they maintain sole responsibility for the management of their platforms, including but not limited to Instagram, Facebook, Website Hosting Platforms, Payment Processing accounts and Domains.
Use of third-party platforms (including Squarespace, ad platforms, email platforms) is at the Client’s risk. Hotel Jean is not responsible for platform outages, changes, limitations, data handling, enforcement, or costs.
Use of such platforms is at the Client’s own risk.
Hotel Jean is not responsible for the operation, availability, changes, outages, policies, pricing, or performance of any third-party platform.
17. Website Refresh Services
Website refresh updates may be visible on live sites during development. Clients may experience changes in search engine visibility. No SEO outcomes are guaranteed.
18. Search Engine Optimisation
Hotel Jean applies SEO best-practice guidance but does not guarantee rankings, traffic, or visibility.
Performance is influenced by algorithms, competition, and third-party indexing.
Search engine rankings, visibility and website performance are subject to algorithm changes, platform policies, competition and third-party indexing decisions.
Hotel Jean makes no guarantees regarding rankings, traffic, discoverability or ongoing performance.
Ongoing SEO management is the Client’s responsibility.
19. Intellectual Property and Ownership
Upon full payment, the Client is granted a non-exclusive licence to use final Deliverables for their intended purpose only.
The Client agrees that they maintain sole responsibility for the management of their deliverables and platforms, including but not limited to websites, social profiles, Payment Processing accounts and Domains.
Hotel Jean retains ownership of underlying methodologies, creative direction, ideation, documentation processes, concepts, frameworks, strategies, templates, drafts and non-final materials.
Third-party materials (including fonts, stock, templates, designer contributions) remain subject to their own license terms; Hotel Jean does not grant trademarks or conduct searches.
AI-generated content ownership and IP remain subject to the above conditions
The Client may not reproduce, modify, distribute, or reuse any materials or deliverables without Hotel Jean’s written consent.
When the project is inclusive of Website services (including but not limited to, Design, Copywriting, SEO, Refresh, Updates), the Client may manage websites post project completion.
Updates to deliverables (including but not limited to Website changes, Copywriting changes, design changes) by the Client (or any other person or entity) post project completion, are not permitted unless Hotel Jean’s express permission is granted in writing.
All methodologies, creative concepts, creative direction, ideation, documentation processes, concepts, frameworks, strategies, templates, drafts and non-final materials remain the exclusive intellectual property of Hotel Jean.
Unauthorised use may constitute a breach of the Copyright Act 1968 (Cth).
© 2021–2025 Hotel Jean. All rights reserved.
20. Portfolio and Permissions
The Client grants Hotel Jean the right to display Deliverables for portfolio, marketing and promotional purposes.
Hotel Jean may display project work, images, results, outcomes, designs and associated statistics for portfolio and promotional purposes.
Hotel Jean may display this content on their website, social media profiles, within marketing and advertising campaigns, as well as on any other platforms, at Hotel Jean’s sole discretion.
To the extent permitted by law, moral rights are waived.
21. Third-Party Images
Licensed images remain the property of their licensors and are subject to applicable licence terms.
22. AI Tools and Content
Hotel Jean may use AI-assisted tools within the project process to support to support ideation, drafting and efficiency.
AI-assisted outputs are reviewed by Hotel Jean but are not guaranteed to be error-free, original or suitable for legal, medical, financial or professional reliance.
The Client acknowledges that:
AI outputs may contain inaccuracies and the client bears responsibility for accuracy, compliance, and final use.
Hotel Jean is not liable for inaccuracies, errors, or reliance on AI outputs.
AI-generated content may not be unique or exclusive,
originality, ownership, and copyright protection cannot be guaranteed,
Hotel Jean makes no warranties regarding AI-assisted content, and the Client accepts all associated risks.
23. Technical Support and Issues
Complimentary website support is provided for seven (7) days post-launch, up to two (2) total hours. Additional support is billable.
The Client agrees that they are solely responsible for any existing or future internal and/or technical issues within the Client's platforms including but not limited to Instagram, Facebook, Website Hosting Platforms or Domains.
24. Outsourcing
Hotel Jean may allocate work internally or outsource tasks where appropriate.
25. Compatibility and Platform Restrictions
Websites are optimised for desktop and mobile only. Platform limitations apply.
The Client accepts and agrees that their website may experience variations and appear differently across different desktop and mobile screen sizings. The Client accepts that there are design and function restrictions within website hosting platforms that the Designer must abide by, and not all requests are therefore achievable.
26. Results
Hotel Jean makes no guarantees regarding outcomes, revenue, sales, engagement, reach, rankings, traffic, or conversions.
Results depend on factors outside Hotel Jean’s control, including platforms, algorithms, market conditions, and Client actions.
Hotel Jean does not authorise verbal or informal representations; only written terms govern.
27. Limitation of Liability
To the fullest extent permitted by law:
Hotel Jean is not liable for indirect, incidental, consequential or economic loss of any kind;
Liability is capped at fees paid for relevant Services
Non-excludable Australian Consumer Law rights are limited to re-supply or cost of re-supply
Hotel Jean makes no guarantees regarding business outcomes, revenue, SEO rankings, or performance.
Hotel Jean is not liable for indirect, consequential, platform, AI, SEO, or advertising outcomes.
Hotel Jean is not liable for third-party platforms, security breaches, SEO outcomes, or business performance.
All Services are provided for creative and informational purposes only.
The Client is responsible for obtaining independent professional advice where required.
28. Indemnity
The Client indemnifies Hotel Jean against all third-party claims arising from use of the Services, Deliverables, content, advertising, marketing or publication.
The Client indemnifies Hotel Jean against all third-party claims, losses, or damages arising from:
Client content
Client instructions
Misuse of deliverables
Unauthorised use of deliverables
Regulatory non-compliance (email, ads, GDPR)
Third-party platform claims
AI-assisted content use
Breach of these Terms
29. Termination
Hotel Jean may terminate immediately for non-payment, breach, unlawful requests, lack of instructions or circumstances beyond its control.
Hotel Jean may terminate immediately for:
Non-payment
Breach of Terms
Unlawful instructions
Lack of instructions or engagement for 21 days or more
Use of materials without valid rights
Failure to to comply with Hotel Jean’s processes, timelines, procedures, methods of communication or Client Obligations
If Hotel Jean terminates immediately based on the above circumstances, this will result in project closure without refund, and no refunds, returns or credits will be issued to the Client. The project deliverables will be provided as is, in their current state at the time or termination.
13.2. Hotel Jean may terminate this Agreement at its discretion with written notice. Termination for convenience allowed with payment for Services performed. All terminated projects delivered “as is” with no refunds.
30. Force Majeure
Hotel Jean is not liable for delays or failure caused by events beyond reasonable control.
31. Dispute Resolution
The parties agree to attempt good-faith mediation before commencing legal proceedings, except where urgent relief is required.
32. Governing Law and Jurisdiction
This Agreement is governed by the laws of Australia.
The parties submit to the non-exclusive jurisdiction of Australian courts.
33. Survival
Clauses relating to payment, intellectual property, liability, indemnity, confidentiality, and governing law survive termination or completion of Services.
35. Entire Agreement
This Agreement constitutes the entire agreement between the parties and supersedes all prior communications.