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Terms of Use

Happy Mag Website Terms of Use (2025)

  1. Permissions for Website Use

As a user of the Happy Mag website, you agree to:

  • Use the website solely for personal, non-commercial purposes, unless expressly authorised by Happy Mag in writing.
  • Not use the website to transmit or post any content that is defamatory, offensive, obscene, threatening, or violates the rights of others.
  • Not use the website for unsolicited commercial communications, including spamming or data harvesting.
  • Not upload or share any content that is illegal, misleading, harmful, or violates the intellectual property rights of others.
  • Not impersonate any person or misrepresent your identity while using the website.
  • Not attempt to access, interfere with, or disrupt the website’s security features or functionality.
  1. User Age Requirements

By accessing the website, you confirm that you are at least 13 years old or have the consent of a parent or guardian.

  1. User Account and Password Security
  • If you create an account, you are responsible for maintaining the confidentiality of your login details.
  • You agree not to share your account credentials with any third party.
  • You must notify Happy Mag immediately if you suspect any unauthorised use of your account.
  1. User-Generated Content
  • You are responsible for any content you upload, post, or share on the website.
  • By uploading content, you grant Happy Mag a worldwide, royalty-free, perpetual licence to use, modify, distribute, and display your content.
  • You warrant that any content you upload does not infringe the rights of third parties.
  1. Content Moderation
  • Happy Mag reserves the right to review, edit, or remove any user-generated content it deems inappropriate, without notice.
  • Users can report inappropriate content, and Happy Mag will review such reports at its discretion.
  1. Intellectual Property
  • All website content, including text, images, logos, videos, and designs, is owned by or licensed to Happy Mag.
  • Users may not copy, distribute, or reproduce website content without written permission from Happy Mag.
  1. Limitation of Liability
  • Happy Mag does not guarantee the accuracy, completeness, or reliability of user-generated content on the website.
  • To the fullest extent permitted by law, Happy Mag is not liable for any direct, indirect, incidental, or consequential damages arising from website use.
  1. Indemnity
  • Users agree to indemnify Happy Mag against any claims, losses, or damages resulting from their website use or breach of these terms.
  1. Privacy Policy
  • Personal information collected on the website is handled in accordance with Happy Mag’s Privacy Policy.
  1. Amendments
  • Happy Mag reserves the right to amend these terms at any time, with updated terms posted on the website.
  1. Governing Law
  • These terms are governed by the laws of New South Wales, Australia.
  1. Dispute Resolution
  • Any disputes arising under these terms will first be resolved through good faith negotiations.
  • If unresolved, disputes will be submitted to the exclusive jurisdiction of the courts of New South Wales.

Happy Studios Advertising Terms & Conditions (2025)

These terms govern all advertising, content, creative, and media services provided by Happy Studios (including Happy Mag) to clients. They apply to any campaigns, content production, retainers, and media amplification services delivered on the Happy Studios Network.

1. Definitions

  • Advertising Copy: Any advertising, marketing, or promotional material supplied by the client, including text, graphics, URLs, and media assets.

  • Custom Content: Any creative materials (video, audio, images, articles) produced by Happy Studios for a client, including native content, branded articles, videos, and social assets.

  • Media Amplification: Paid distribution of content via social media (Instagram, TikTok, YouTube), native articles, newsletters, and other digital channels.

  • Production Costs: Expenses incurred in creating Custom Content, including talent fees, filming, studio hire, editing, and asset delivery.

  • Retainer Agreement: An ongoing service agreement for recurring content, media, or creative services delivered on a regular schedule.

  • Insertion Order (IO): A document specifying the details of services requested, including pricing, duration, and deliverables.

  • Net Rates: Media costs calculated before any commission or margin is applied. Gross Rates include any margin or management fee.

  • Business Day: Any day except weekends and public holidays in New South Wales, Australia.

  • Force Majeure Event: Any event beyond reasonable control, including natural disasters, pandemics, strikes, or platform outages.

  • Confidential Information: Any information disclosed by one party to the other that is marked confidential or reasonably considered confidential.

2. Orders, Retainers, and Contract Formation

  • Services are confirmed via a signed Insertion Order (IO), Retainer Agreement, or other written agreement (MOU, contract).

  • The IO will specify campaign scope, media channels, production details, and total cost.

  • Retainer Agreements require a 90-day notice period for suspension or cancellation.

  • Happy Studios may require a credit application form before confirming services and reserves the right to suspend services for non-payment.

3. Payment Terms

  • Campaigns are invoiced at a 50% deposit (due on contract signing) and 50% balance (due upon completion of the campaign).

  • Retainers are invoiced monthly in advance, payable within 30 days. All prices are exclusive of GST unless stated otherwise.

  • All Happy Studios fees are billed at net rates. Where a media commission is applicable, it must be added by the agency or media partner and not deducted from the invoiced amount. 

  • Late payments will incur a 2% monthly fee on the overdue amount, compounded monthly.

  • Media Amplification costs are invoiced in advance once booked and are non-commissionable unless otherwise agreed. 

  • Our invoices reflect the total payable to Happy Studios in full.

4. Media Production Guidelines and Cost Variation

  • Custom Content will be produced in line with the client’s brief and approved prior to publication.

  • Media Amplification includes distribution on Instagram, TikTok, YouTube, HappyMag.tv, and other approved channels.

  • Clients must provide feedback or approval on Custom Content within 3 business days. Failure to respond will be deemed as approval.

  • Up to two rounds of revisions are included. Additional revisions are charged at standard hourly rates.

  • Happy Studios will make reasonable efforts to adhere to the budget set out in the Insertion Order or Retainer Agreement.

  • The client acknowledges that certain costs may vary due to third-party rates, production requirements, platform fluctuations, or other factors beyond reasonable control.

  • Happy Studios may adjust final costs by up to 15% above the approved budget without prior written consent. Any variation exceeding this threshold will be communicated in writing and require client approval prior to proceeding.

5. Ownership and Usage Rights

  • Happy Studios retains all intellectual property rights and full ownership of any Custom Content produced, including but not limited to video, audio, photography, design, articles, social media assets, and derivative works.

  • Clients are granted a non-exclusive, non-transferable, limited licence to use the Custom Content solely for the campaign, usage period, territories, and platforms specified in the relevant Insertion Order or Retainer Agreement.

  • Any usage outside of the agreed scope requires prior written approval from Happy Studios and may be subject to additional licence fees.

  • The client may not assign, transfer, or sublicense any usage rights without written consent.

  • Talent contracted for the campaign may publish or share agreed content to their own social channels as part of the campaign deliverables.

  • Any proposed usage of Custom Content outside the original scope must be requested in writing prior to campaign commencement where possible.

  • Any additional usage rights will be quoted on a case-by-case basis and may also require further approvals and additional fees payable to any featured talent, contributors, or third parties involved.

6. Non-Circumvention

  • The Client acknowledges that any artists, creatives, collaborators, or third-party contacts introduced, featured, or otherwise disclosed by Happy Studios (including Happy Mag and affiliated entities) as part of a campaign proposal, activation, production, or partnership conversation are part of Happy Studios’ proprietary network.

  • The Client agrees not to circumvent Happy Studios by directly engaging, soliciting, or entering into commercial relationships with these individuals or entities for a period of 12 months from the date of introduction, unless with the express written consent of Happy Studios.

  • Where circumvention occurs, Happy Studios reserves the right to seek commercial remedy including but not limited to compensation for lost income, production costs, or strategic value associated with the original introduction.

7. Cancellation and Refunds

  • Campaigns may be cancelled with a minimum of 14 days’ written notice prior to the scheduled production date.

  • Retainers require 90 days’ written notice for cancellation or suspension.

  • If a campaign is cancelled within 14 days of the production date, clients are liable for 100% of all production costs incurred and 50% of the total campaign fee.

  • Media Amplification is non-refundable once the campaign is live or once media has been booked.

8. Compliance and Liability

  • Happy Studios will ensure all advertising content meets platform guidelines and applicable laws.

  • Clients indemnify Happy Studios against any claims, costs, or losses arising from client-supplied materials.

9. Confidentiality

  • Both parties agree to maintain the confidentiality of campaign details, pricing, and client information.

10. Governing Law

  • These terms are governed by the laws of New South Wales, Australia.

11. Dispute Resolution

  • Disputes will first be resolved through good faith negotiations, followed by mediation if unresolved.

12. Final Provisions

  • No Waiver: Failure to enforce any provision does not constitute a waiver.

  • Severability: If any provision is invalid, the remainder will continue in effect.

  • Entire Agreement: These terms replace any previous discussions or agreements regarding the services provided.