BRAND SOUNDTRACK LICENCE — TERMS & CONDITIONS
Effective Date: From Completed Order Date
Provider: Charl Hattingh Director of HubHubGo.com (“Provider”, “we”, “us”, “our”)
Client: The person or entity identified in the applicable order, invoice or proposal (“Client”, “you”, “your”).
1. About these Terms
These Terms govern the creation, delivery and licensing of original brand soundtracks, music, lyrics, recordings, lyric videos, promotional assets and related services supplied by the Provider.
By purchasing a Brand Soundtrack package, paying an invoice, accepting a proposal, or otherwise instructing us to commence work, you agree to these Terms together with the product description, order, proposal, invoice and any applicable licence schedule (“Agreement”).
If there is an inconsistency between these Terms and a written licence schedule expressly agreed between the parties, the licence schedule will prevail to the extent of that inconsistency.
2. What You Are Purchasing
Unless expressly stated otherwise, you are purchasing two separate things:
Creative Services — the creation and delivery of the agreed soundtrack and related assets; and
A Licence — permission to use those assets for the purposes, channels, territory and period stated in your selected licence.
You are not automatically purchasing or acquiring copyright ownership in the music, lyrics, sound recording or other creative material merely by purchasing a package.
Any transfer or assignment of copyright or other intellectual property rights must be expressly agreed in writing under a separate Rights Acquisition Agreement.
3. The Brand Soundtrack
The “Brand Soundtrack” may include, depending on the package purchased:
original lyrics;
melody and musical arrangement;
sound recording;
instrumental version;
shortened versions;
lyric video;
promotional artwork;
QR code;
landing page;
email or SMS automation;
other assets specifically listed in the Client's order.
The exact deliverables are determined by the package selected and confirmed in the applicable order or proposal.
4. Creative Process
We will use the information supplied by you about your business, brand, values, customers, products, services and desired style to develop the Brand Soundtrack.
Where revisions are included in your selected package, those revisions must remain reasonably consistent with the original creative brief.
Additional revisions, substantial rewrites, new versions or material changes to the approved creative direction may incur additional fees.
Unless otherwise agreed, approval of the final version constitutes acceptance of the completed creative work.
5. Licence Period
Unless otherwise stated in your order:
The standard Brand Soundtrack Licence is granted for twelve (12) months from the date the licence becomes active.
The licence may be renewed annually subject to payment of the applicable renewal fee and any then-current licence terms.
The licence does not automatically renew unless the applicable order or subscription expressly provides for recurring renewal.
6. Licence Territory
Unless otherwise stated:
The licence territory is Australia.
International use, worldwide campaigns or use outside Australia may require an additional licence or written approval.
7. Licence Types
7.1 Business / Brand Licence
A Business or Brand Licence permits the Client to use the Brand Soundtrack for ordinary business and brand communications, including:
company websites;
organic social media;
WhatsApp and direct customer sharing;
presentations;
internal communications;
staff communications;
customer communications;
ordinary business events.
The licence does not automatically include paid advertising, broadcast, cinema, television or other uses expressly identified as requiring an additional licence.
7.2 Marketing Licence
A Marketing Licence permits the Client to use the Brand Soundtrack in agreed promotional and marketing activities, including:
promotional videos;
digital advertising;
paid social advertising;
online campaigns;
trade shows;
conferences;
exhibitions;
promotional events;
marketing landing pages.
The exact media, territory and duration are determined by the applicable order.
7.3 Broadcast Licence
A Broadcast Licence is an additional licence for uses such as:
radio;
television;
cinema;
streaming advertising;
broadcast advertising;
other commercial broadcast or transmission environments.
Broadcast rights must be expressly included in the Client's order or licence schedule.
The Client remains responsible for any separate third-party, broadcaster, collecting-society, platform or venue requirements that may apply to its particular use.
Where music is synchronised with audiovisual material, additional permissions or licensing arrangements may apply depending on the relevant rights and use.
7.4 Exclusive Brand Licence
An Exclusive Brand Licence may be granted where expressly agreed in writing.
An Exclusive Brand Licence may restrict our licensing of the specified Brand Soundtrack to other parties within an agreed:
industry or category;
territory;
period;
media/channel;
market;
campaign scope.
Exclusivity is not implied merely because a Client purchases a Brand Soundtrack.
The exact scope of exclusivity must be stated in the applicable written licence schedule.
7.5 Rights Acquisition
A Client may request an assignment or acquisition of specified rights.
Any such arrangement must be documented in a separate written agreement identifying precisely:
the rights being transferred;
the relevant work or recording;
the territory;
the duration;
whether the transfer is complete or partial;
any reserved rights;
consideration payable;
any continuing rights retained by the Provider.
No copyright assignment occurs unless expressly agreed in writing in accordance with applicable law. Australian law requires an assignment of copyright to be in writing and signed by or on behalf of the assignor.
8. Permitted Use
The Client may use the Brand Soundtrack only for the purposes covered by its purchased licence.
The Client may reproduce and communicate the Brand Soundtrack through the permitted channels during the licence period.
The Client must not, unless expressly permitted:
sell the Brand Soundtrack itself;
sublicense the Brand Soundtrack to third parties;
provide the underlying audio files to unrelated third parties for their own use;
register the Brand Soundtrack as a trademark;
claim that it created the music itself;
materially alter the Brand Soundtrack in a way that damages the Provider's work or reputation;
use the Brand Soundtrack outside the agreed territory, term, media or purpose.
9. Third-Party Use
A Client may provide the Brand Soundtrack to its marketing agency, video producer, web developer, advertising agency or other professional service provider solely to the extent reasonably necessary to exercise the Client's permitted licence.
Those third parties must not acquire independent rights to use the Brand Soundtrack.
The Client remains responsible for ensuring that its contractors comply with these Terms.
10. Social Media, Online Platforms and Advertising
The Provider does not guarantee that every social-media, advertising, streaming, hosting or other third-party platform will accept or continue to host the Brand Soundtrack.
Platform policies may change and may affect the availability or distribution of content.
The Client is responsible for complying with the terms of each platform through which it uses the Brand Soundtrack.
11. Copyright and AI-Assisted Creation
The Provider may use artificial-intelligence-assisted tools, music-production software and other technology in the creation and production of the Brand Soundtrack.
Where applicable, the Provider will use commercially permitted tools and services for the creation and commercial exploitation of the relevant output.
The Provider does not represent or warrant that every element of an AI-assisted output will qualify for copyright protection in every jurisdiction.
Commercial-use permission from an AI platform is distinct from whether copyright subsists in a particular output. For example, Suno's current terms state that Pro/Premier subscribers receive commercial-use rights for eligible outputs created during their paid subscription, while also stating that Suno does not guarantee copyright protection in those outputs.
The Provider will not knowingly incorporate third-party copyrighted material supplied by another person without appropriate permission.
12. Client Materials and Warranties
The Client warrants that it has the necessary rights and permissions to provide:
logos;
trademarks;
photographs;
slogans;
brand materials;
business information;
supplied lyrics or text;
recordings;
other content supplied to the Provider.
The Client authorises the Provider to use those materials solely for the purpose of providing the contracted services.
The Client indemnifies the Provider against claims arising from the Client's unauthorised use or supply of third-party materials.
13. Revisions
The number of included revisions is determined by the selected product.
For example:
Starter: revisions as specified in the product description.
Growth: three (3) included revisions.
Business: three (3) included revisions unless otherwise stated.
A revision means a reasonable adjustment to an existing creative direction.
A request to create a substantially different song, rewrite the entire lyric, change the fundamental genre, replace the entire concept or create additional versions may be treated as additional work and quoted separately.
14. Fees and Payment
All prices are stated in Australian dollars unless otherwise specified.
Payment is due according to the order, invoice or checkout terms.
Creative production may commence only after the required payment has been received.
Annual licence fees are payable in advance unless otherwise agreed.
Where recurring billing is selected, the Client authorises the Provider or its payment processor to charge the nominated payment method for each renewal period.
15. Licence Renewal
At the end of the initial licence period, the Client may renew its licence at the applicable renewal price.
Where the licence is not renewed, the Client must cease new use of the Brand Soundtrack after the expiry date, subject to any limited wind-down rights expressly stated in the licence schedule.
Existing printed materials or previously published content may be addressed under any applicable wind-down provision.
16. Licence Upgrade
A Client may request an upgrade or additional licence for:
paid advertising;
television;
radio;
cinema;
streaming campaigns;
additional territories;
longer licence periods;
expanded events;
national campaigns;
international campaigns;
exclusivity;
other uses outside the original licence.
Any expanded use must be agreed before the additional use commences.
17. Broadcast and Collecting Society Requirements
The Provider's Broadcast Licence grants the rights expressly stated in the applicable licence schedule.
It does not automatically replace any licence, registration, reporting obligation or fee that may separately apply to the Client through a broadcaster, venue, collecting society, platform or other third party.
Depending on the use, music incorporated into audiovisual material may require synchronisation permissions and public-performance or communication licences in addition to rights granted by the Provider.
The Client is responsible for confirming and satisfying any such requirements applicable to its particular use.
18. Ownership of Provider Materials
Except for rights expressly granted to the Client, the Provider retains all rights and interests it owns in:
templates;
processes;
creative concepts;
production methods;
workflow systems;
reusable tools;
non-client-specific assets;
business systems;
website and funnel infrastructure.
Nothing in these Terms transfers ownership of those materials.
19. Portfolio and Promotional Use
Unless the Client has purchased an express confidentiality restriction or otherwise agreed in writing, the Provider may identify the Client as a customer and display the completed Brand Soundtrack, lyric video and related work in its portfolio, website, presentations, social media and promotional materials.
The Provider will not disclose confidential business information supplied by the Client except as required to perform the services or by law.
20. Cancellation Before Completion
If the Client cancels after production has commenced, fees already paid may be applied to work completed, third-party costs incurred and production time committed.
Any refund will be determined having regard to the stage of production and amounts already incurred.
Custom creative work cannot necessarily be returned or resold once production has commenced.
21. Suspension or Termination for Breach
We may suspend or terminate the licence if the Client:
fails to pay amounts when due;
materially breaches these Terms;
uses the Brand Soundtrack outside the permitted licence;
sublicenses or distributes the Brand Soundtrack without permission;
uses the Brand Soundtrack unlawfully.
Upon termination for material breach, the Client must cease the unauthorised use of the Brand Soundtrack.
22. Consumer Guarantees
Nothing in these Terms excludes, restricts or modifies any rights or remedies that cannot legally be excluded under applicable Australian consumer law.
Where the Australian Consumer Law applies, the Client may have statutory guarantees and remedies that operate independently of these Terms.
23. Limitation of Liability
To the maximum extent permitted by law, the Provider will not be liable for indirect, incidental, special or consequential loss, including loss of profits, revenue, goodwill, business opportunity or anticipated savings arising from use or inability to use the Brand Soundtrack or related services.
Where liability cannot lawfully be excluded, the Provider's liability will be limited to the extent permitted by law.
24. No Guarantee of Marketing Results
The Provider does not guarantee that the Brand Soundtrack, landing page, campaign, automation, advertising or related service will produce any particular number of leads, sales, bookings, applications, event registrations or revenue.
Marketing outcomes depend on factors outside the Provider's control.
25. Changes to Services
We may use different production tools, software, hosting providers or subcontractors where reasonably required to deliver the services, provided the agreed deliverables are materially maintained.
26. Confidentiality
Each party must take reasonable steps to protect confidential information received from the other party.
This obligation does not apply to information that:
is publicly available;
was already lawfully known;
is independently developed;
must be disclosed by law.
27. Disputes
The parties agree to attempt to resolve disputes in good faith through direct discussion before commencing formal proceedings.
If a dispute cannot be resolved informally, either party may seek appropriate legal remedies.
28. Governing Law
These Terms are governed by the laws of Queensland, Australia.
The parties submit to the courts having jurisdiction in Queensland, subject to any mandatory applicable law.
29. Entire Agreement
The Agreement consists of:
these Terms;
the applicable product description;
the order or checkout;
the applicable licence schedule;
any written proposal or variation expressly accepted by both parties.
Together these documents form the complete agreement relating to the services and licence.
30. Acceptance
By purchasing a Brand Soundtrack package, submitting payment, accepting a proposal, or instructing the Provider to commence production, the Client confirms that it has read and accepted these Terms and the applicable licence conditions.
LICENCE SCHEDULE
The Client's specific rights are determined by the licence selected at checkout.
BUSINESS / BRAND LICENCE
Typical permitted use:
Website
Organic social media
WhatsApp
Presentations
Internal communications
Customer communications
Ordinary business events
Licence term: 12 months
Territory: Australia unless otherwise stated
Advertising/broadcast: Not included unless expressly stated
MARKETING LICENCE
Typical permitted use:
Promotional video
Paid social
Digital advertising
Marketing campaigns
Trade shows
Conferences
Exhibitions
Promotional events
Licence term: 12 months
Territory: Australia unless otherwise stated
BROADCAST LICENCE
Typical permitted use:
Radio
Television
Cinema
Streaming advertising
Commercial broadcast campaigns
Licence term, territory and media: As expressly stated in the licence order.
EXCLUSIVE BRAND LICENCE
An exclusive licence is available by quotation.
The agreement will specify the precise scope of exclusivity, including the relevant territory, industry/category, duration, media and permitted uses.
Exclusivity is not implied by purchase of a standard package.
RIGHTS ACQUISITION
Any assignment or acquisition of rights requires a separate written agreement.
The agreement will identify the rights transferred and any rights retained by the Provider.
No rights transfer is effective merely because a Client has purchased a Brand Soundtrack package.
IMPORTANT
The licence granted to the Client is limited to the rights expressly stated in the applicable order and licence schedule.
If a use is not expressly included, please contact us before using the Brand Soundtrack for that purpose.
Broadcast, national advertising, international use, exclusivity and rights acquisition may require a separate written licence and additional fees.