1. About These Terms
These Terms and Conditions ("Terms") govern your access to and use of the services provided by Plattipus ("Plattipus", "we", "us", or "our"), a company incorporated in New South Wales, Australia. By engaging our services, accessing our website at plattipus.com, or entering into any agreement with us, you agree to be bound by these Terms.
If you do not agree to these Terms, you must not engage our services or use our website.
These Terms are governed by the laws of New South Wales, Australia and the Commonwealth of Australia, including the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)).
2. Our Services
Plattipus provides world-class visual effects, animation, moving image production, AI-integrated production pipelines, and open research. The specific scope, deliverables, timelines, and fees for each engagement are set out in a separate Statement of Work ("SOW") or project agreement entered into between Plattipus and the client.
In the event of any inconsistency between these Terms and a SOW, the SOW prevails to the extent of the inconsistency.
3. Engagement & Project Agreements
3.1 A binding engagement is formed when both parties have executed a SOW or the client has provided written approval (including email) of a project proposal and paid any required deposit.
3.2 All project timelines are estimates made in good faith. Plattipus will notify you promptly of any material changes to timeline and will work collaboratively to manage impacts.
3.3 Client obligations — the timely delivery of briefs, approvals, assets, and feedback is essential to our ability to deliver on schedule. Delays caused by the client may affect timelines and costs, which we will communicate transparently.
4. Fees & Payment
4.1 Deposit. Unless otherwise agreed in writing, a non-refundable deposit of 50% of the total project fee is required before creative work commences.
4.2 Payment terms. Invoices are payable within 14 days of the invoice date unless otherwise specified in the SOW.
4.3 Late payments. Accounts overdue by more than 14 days may incur interest at the rate of 10% per annum, calculated daily. Plattipus reserves the right to suspend work on any project with an outstanding overdue account.
4.4 GST. All fees are exclusive of Goods and Services Tax (GST) unless stated otherwise. Where applicable, GST will be added to invoices at the prevailing rate (currently 10%).
4.5 Expenses. Approved out-of-pocket expenses incurred in connection with a project (travel, licensing fees, third-party costs) will be invoiced separately and are payable in addition to project fees.
5. Intellectual Property
5.1 Client materials. You retain all ownership of materials, data, and content you provide to us ("Client Materials"). You grant Plattipus a non-exclusive licence to use Client Materials solely for the purpose of delivering the agreed services.
5.2 Plattipus IP. All pre-existing intellectual property, tools, methodologies, research, software, and know-how developed by Plattipus prior to or independently of any project remains the sole property of Plattipus.
5.3 Deliverables. Unless expressly stated otherwise in the SOW, ownership of final deliverables transfers to the client upon receipt of full payment of all outstanding invoices. Until full payment is received, Plattipus retains all intellectual property rights in the deliverables.
5.4 Moral rights. Our creative team members hold moral rights in their creative work under the Copyright Act 1968 (Cth). We will discuss any attribution requirements in good faith as part of each engagement.
5.5 Portfolio rights. Unless you request otherwise in writing, Plattipus reserves the right to display completed work in our portfolio, website, case studies, and award submissions after the agreed embargo period or public release date.
6. Artificial Intelligence
6.1 Commitment to transparency. Plattipus is committed to the responsible and transparent use of artificial intelligence in our work. Where AI tools or AI-generated content are used in the creation of deliverables, we will disclose this to you clearly and in a timely manner.
6.2 Disclosure of AI use. Where a deliverable or any material component of it has been created, generated, or substantially assisted by AI tools, this will be identified in the relevant SOW, project documentation, or delivery notes. Disclosure will specify the nature of AI involvement to the extent reasonably practicable.
6.3 AI and client materials. Plattipus will not use your Client Materials to train, fine-tune, or otherwise develop any AI model without your express prior written consent.
6.4 Quality and oversight. All AI-assisted outputs are subject to human review and quality control by our team before delivery. Plattipus remains responsible for the quality and fitness of deliverables regardless of the tools used to produce them.
6.5 Evolving practice. The use of AI in creative production is a rapidly evolving field. Plattipus will update its AI practices and disclosures in line with industry standards, applicable law, and the reasonable expectations of our clients, and will communicate any material changes to our approach.
7. Confidentiality
7.1 Each party agrees to keep confidential all non-public information received from the other party in connection with a project ("Confidential Information"), and to use such information only for the purpose of performing obligations under these Terms.
7.2 Confidential Information does not include information that: (a) is or becomes publicly known other than through a breach of these Terms; (b) was already known to the receiving party without restriction; or (c) is required to be disclosed by law or regulatory authority.
7.3 Confidentiality obligations survive termination of any agreement between the parties for a period of three (3) years.
8. Warranties & Representations
8.1 You warrant that: (a) you have the authority to enter into these Terms; (b) all Client Materials you provide are owned by you or you have the right to use them; and (c) your use of our deliverables will not infringe the rights of any third party.
8.2 We warrant that: (a) we will perform services with reasonable care and skill; (b) we will not knowingly infringe third-party intellectual property in creating deliverables; and (c) our services comply with applicable Australian laws.
9. Australian Consumer Law
Our services come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the services resupplied if they fail to be of acceptable quality and the failure does not amount to a major failure.
Nothing in these Terms excludes, restricts, or modifies any right or remedy, or any guarantee, warranty, or other term or condition, implied or imposed by the Australian Consumer Law that cannot lawfully be excluded or limited.
10. Limitation of Liability
10.1 To the fullest extent permitted by law, Plattipus's total aggregate liability to you in connection with any project or these Terms is limited to the fees actually paid by you to Plattipus under the relevant SOW in the twelve (12) months preceding the event giving rise to the claim.
10.2 In no event will Plattipus be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of revenue, loss of profit, or loss of data, even if we have been advised of the possibility of such damages.
10.3 Nothing in this clause limits liability for death or personal injury caused by negligence, fraud, or any liability that cannot be excluded by law.
11. Termination
11.1 By the client. You may terminate a project engagement by providing 14 days' written notice. Upon termination, you will be invoiced for all work completed to the date of termination, plus any non-recoverable third-party costs committed on your behalf. The deposit is non-refundable.
11.2 By Plattipus. We may terminate an engagement immediately by written notice if: (a) you are in material breach of these Terms and have failed to remedy the breach within 7 days of notice; (b) you become insolvent or subject to administration; or (c) your instructions would require us to act unlawfully or unethically.
11.3 Upon termination, all licences granted under these Terms cease. Ownership of deliverables does not transfer until all outstanding amounts are paid in full.
12. Privacy
Plattipus collects, uses, and stores personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles. Our Privacy Policy, available at plattipus.com/privacy, explains how we collect and handle your personal information, how you can access and correct it, and how to make a complaint.
13. Website Use
13.1 The content on plattipus.com is provided for general information only and does not constitute professional advice. We make no warranties about the accuracy or completeness of website content.
13.2 You may not copy, reproduce, or redistribute any content from our website without prior written consent, except as permitted by the Copyright Act 1968 (Cth).
13.3 Links to third-party websites are provided for convenience only. We do not endorse and are not responsible for the content or practices of any third-party sites.
14. Force Majeure
Plattipus will not be in breach of these Terms to the extent that performance is prevented or delayed by circumstances beyond our reasonable control, including acts of God, pandemic, government action, infrastructure failure, or industrial action. We will notify you promptly and work to resume performance as soon as reasonably practicable.
15. Dispute Resolution
15.1 If a dispute arises in connection with these Terms or any project, the parties agree to first attempt to resolve it through good faith negotiation within 14 days of written notice of the dispute.
15.2 If the dispute is not resolved through negotiation, either party may refer it to mediation administered by the Australian Disputes Centre (ADC) before commencing litigation.
15.3 These Terms are governed by the laws of New South Wales. The parties submit to the exclusive jurisdiction of the courts of New South Wales and the Federal Court of Australia.
16. General
16.1 Entire agreement. These Terms, together with any SOW, constitute the entire agreement between the parties and supersede all prior discussions, representations, or agreements.
16.2 Amendments. We may update these Terms from time to time. Material changes will be communicated to active clients. Continued engagement after notice of changes constitutes acceptance.
16.3 Severability. If any provision of these Terms is found to be unenforceable, the remaining provisions continue in full force.
16.4 Waiver. Failure to enforce any provision of these Terms does not constitute a waiver of that provision.
16.5 Assignment. You may not assign your rights or obligations under these Terms without our prior written consent. We may assign our rights to a related body corporate.
17. Contact
For questions about these Terms, please contact us:
Plattipus Sydney, New South Wales, Australia humans@plattipus.com
Plattipus · Sydney, NSW, Australia
These terms were last reviewed 10 March 2025