Terms & Conditions

These Terms & Conditions govern your use of the Jibe platform and any services provided by Jibe. They apply in two capacities:

• as a Client, where you engage Jibe to deliver music services; and
• as a Supplier, where you supply services to Jibe as an independent contractor.

Sections 3 to 6 apply to Clients. Sections 7 to 11 apply to Suppliers. All other sections apply to everyone. If you act in both capacities, both sets apply to you in the relevant capacity.

By creating an account, commissioning work, or accepting work through Jibe, you agree to these terms.

Jibe is the service provider. Jibe is not a marketplace, an agent, an intermediary, or a payment facilitator between Clients and Suppliers.

When a Client commissions work, the Client contracts with Jibe. Jibe is responsible to the Client for delivery of that work.

Jibe fulfils that obligation by sub-contracting all or part of the work to Suppliers in its network. Each Supplier contracts with Jibe. No contract is formed between a Client and a Supplier.

A Client may select, request or approve particular Suppliers. That selection does not create a contractual relationship between the Client and the Supplier, and does not transfer Jibe's obligations to the Client.

Suppliers are independent contractors. Nothing in these terms creates an employment, partnership, joint venture or agency relationship between Jibe and any Supplier.

A project begins when you submit a brief and Jibe accepts it. The accepted brief — including scope, deliverables, revisions, timeline and fee — together with these terms forms the agreement for that project.

Jibe will use reasonable skill and care to deliver the agreed deliverables. Where a Supplier becomes unavailable or does not meet the required standard, Jibe may re-assign the work to another Supplier at no additional cost to you, and remains responsible for delivery.

Changes to scope must be agreed in writing through the platform and may change the fee or timeline. Work outside the agreed scope is not included.

Creative services are subjective. The revision allowance for each project is set out in the brief; further revisions may be quoted separately.

Clients pay Jibe. Clients do not pay Suppliers directly, and are not required to.

Fees, payment schedule and any deposit are set out in the project brief. Invoices are issued by Jibe and are payable by the due date shown.

Prices are exclusive of applicable taxes unless stated otherwise. Jibe will apply GST, VAT or other sales taxes where it is required to do so based on your location and the nature of the services.

Jibe may withhold delivery of final files, or the assignment of rights in them, until payment has been received in full.

Cancellation terms are set out in the project brief. Work already performed at the point of cancellation remains payable.

Rights in the deliverables, including any ownership share, licence, royalty split and credit, are set out in the project agreement for each project.

Unless the project agreement says otherwise, rights in the final deliverables transfer to the Client on full payment. Any retained rights, royalty entitlements or credit obligations of Suppliers will be recorded in the project agreement before work begins.

Jibe records credits and splits on the platform so they can be relied on for registration with performing rights organisations and for distribution.

Clients are responsible for clearing any material they supply. Suppliers are responsible for clearing any material they contribute, other than material supplied by the Client.

Clients agree to:

• provide briefs, reference material and feedback in reasonable time so the project can proceed;
• hold the necessary rights in any material they supply;
• keep project communication on the platform; and
• not engage a Supplier directly, outside Jibe, for work that originated through Jibe, for the period stated in the project agreement.

Suppliers supply services to Jibe as independent contractors. Jibe is the Supplier's customer.

Acceptance into the supplier network does not guarantee any volume of work. Suppliers are free to accept or decline any brief, and may work for others, including in competition with Jibe.

Suppliers control how they perform the work, subject to the agreed brief, deadline and quality standard. Suppliers provide their own equipment, software and workspace.

A Supplier may not sub-contract or delegate a Jibe engagement to another person without Jibe's written consent.

Suppliers agree to:

• deliver the agreed work to the agreed standard and by the agreed deadline;
• deliver original work, and to hold or have cleared all rights necessary to supply it, including any samples;
• disclose any third-party contribution to the work before delivery;
• keep Client material and project information confidential;
• communicate through the platform so the project record stays complete; and
• not contract directly with a Jibe Client for work that originated through Jibe, for the period stated in the supplier agreement.

Where a Supplier cannot complete accepted work, they must notify Jibe as soon as possible so the work can be re-assigned.

Suppliers invoice Jibe for completed and accepted work. Suppliers do not invoice, and are not paid by, Clients.

Once work is accepted, the Supplier submits an invoice through the platform. Approved invoices are paid on Jibe's scheduled payout run.

Payment to a Supplier is not conditional on Jibe having been paid by the Client for that project.

Jibe does not hold money on behalf of Suppliers. Amounts owing are a debt from Jibe to the Supplier, settled through the payout schedule.

Suppliers are paid the amount stated on the accepted engagement. Any withholding required by law will be applied and reported.

Suppliers are responsible for their own tax affairs, including income tax, social contributions, and any GST, VAT or equivalent registration and reporting required where they are established.

Suppliers must provide accurate tax details, including any registration number required for their jurisdiction, and must keep those details current.

Where Jibe is required by law to report payments made to Suppliers, or to withhold amounts from them, Jibe will do so and will provide the Supplier with the relevant statement.

Unless the engagement says otherwise, a Supplier assigns to Jibe the rights in the work they deliver, so that Jibe can meet its obligations to the Client. Jibe passes those rights on to the Client under the project agreement.

Any royalty entitlement, retained right or credit a Supplier is to keep must be agreed in the engagement before work begins. Agreed splits and credits are recorded on the project.

Suppliers may reference completed work in their portfolio and credits on Jibe, subject to any confidentiality or release-date restriction stated in the engagement.

You must provide accurate account information and keep your credentials secure. You are responsible for activity under your account.

Display and stage names must not impersonate another person or organisation. Jibe may require a name or profile to be changed.

You must not use the platform to circumvent Jibe's contracting or payment structure, to harass others, to upload material you do not have rights in, or to breach any applicable law.

Jibe may suspend or close an account that breaches these terms.

Because Jibe holds the contract on both sides, disputes are raised with Jibe rather than between a Client and a Supplier.

Clients raise delivery or quality issues with Jibe, and Jibe will work to resolve them, including by revision or re-assignment.

Suppliers raise engagement, scope or payment issues with Jibe.

Jibe will deal with disputes in good faith and within a reasonable time. Where a matter cannot be resolved, it is dealt with under the governing law clause below.

Jibe provides its services with reasonable skill and care. To the extent permitted by law, Jibe excludes all other warranties, express or implied.

Nothing in these terms excludes or limits any right or guarantee that cannot be excluded under applicable consumer law, including the Australian Consumer Law.

To the extent permitted by law, Jibe's total liability arising out of or in connection with a project is limited to the fees paid for that project.

Neither party is liable for indirect or consequential loss, including loss of profit, revenue or opportunity.

Jibe collects and handles personal information in accordance with its Privacy Policy, which forms part of these terms.

Client and Supplier information is shared only to the extent needed to deliver a project, operate the platform, meet legal and tax obligations, and process payments.

Jibe may update these terms. Material changes will be notified through the platform. Continued use after notice constitutes acceptance. The terms that apply to a project are those in force when that project was accepted.

These terms are governed by the laws of Victoria, Australia, and the parties submit to the non-exclusive jurisdiction of the courts of that state.

Questions about these terms can be sent to hello@jibe.music.