Terms and Conditions of Service

These Terms and Conditions (“Agreement”) apply to all services provided by [Your Company Name] (“we,” “us,” or “our”) to the client (“you” or “your”). By engaging our services, you agree to the following terms:

1. General Terms

1.1. Service Scope
Services provided are agreed upon in writing before commencement. Any additional work outside the agreed scope will incur extra fees and require a written agreement.

1.2. Client Responsibilities

• You must provide clear instructions, access to required locations, permits, permissions, and any necessary materials for the project.

• You are responsible for the safety and security of the work environment.

1.3. Third-Party Content
Any content provided by you must comply with copyright laws and not contain offensive, defamatory, or illegal material. We will not be held liable for any infringement or issues arising from your content.

2. Bookings and Payments

2.1. Bookings
Bookings must be confirmed with a deposit or full payment (as specified in your invoice). Services are not guaranteed until payment is received.

2.2. Payments

• Deposits are non-refundable except as outlined in the cancellation policy.

• The balance is due before the delivery of the final product or as specified in the project agreement.

2.3. Late Payments
Late payments may incur additional fees or delay project completion.

3. Cancellations and Rescheduling

3.1. Cancellation by Client

• Cancellations made within the specified period (see individual service terms) may incur a cancellation fee.

• Refunds for cancellations are limited to work not yet completed.

3.2. Rescheduling
Rescheduling is subject to availability and must be requested within the specified timeframe to avoid fees.

3.3. Cancellation by Us
We reserve the right to cancel services due to unforeseen circumstances, in which case we will provide a full refund for services not rendered.

4. Travel Costs

4.1. Standard Travel Radius
Services include travel within a 100-kilometre radius of Phillip Island.

4.2. Additional Travel Costs
Travel beyond this radius will incur additional costs, which may include:

• Mileage fees, calculated at a rate of $0.75 per kilometre].

• Accommodation and meal expenses for extended travel, if required.

• Any tolls, parking, or location-specific charges.

4.3. Advance Notice
Additional travel costs will be communicated and agreed upon before the booking is confirmed.

5. Liability and Indemnification

5.1. Limitation of Liability

• We are not liable for damages, losses, or delays caused by circumstances beyond our control, including weather, technical issues, or third-party actions.

• We are not responsible for injuries, accidents, or damages during on-location filming or production.

5.2. Indemnification
You agree to indemnify and hold us harmless from any claims, damages, or liabilities arising from:

• Your failure to obtain necessary permissions or permits.

• Content you provide, including copyright or legal violations.

• Misuse of the final product.

6. Intellectual Property

6.1. Ownership

• You retain ownership of final deliverables once payment is made in full.

• We retain the right to use work for promotional purposes unless explicitly requested otherwise in writing.

6.2. Raw Content
Raw footage or materials remain our property unless otherwise agreed upon. Requests for raw materials may incur additional fees.

7. Confidentiality and Privacy

7.1. Confidentiality
We will not share your project details or materials with third parties without your consent.

7.2. Privacy
For private projects, we ensure secure and exclusive access to content, as requested.

8. Performance and Delivery

8.1. Turnaround Times
Turnaround times are estimates and depend on project complexity and client responsiveness.

8.2. Client Feedback
Revisions are limited to the specified number (see individual service terms). Additional revisions may incur extra charges.

9. Dispute Resolution

9.1. Negotiation
In the event of a dispute, both parties agree to attempt resolution through negotiation before pursuing legal action.

9.2. Legal Jurisdiction
This Agreement is governed by and construed in accordance with the laws of Victoria, Australia. Any disputes arising from or related to this Agreement shall be subject to the exclusive jurisdiction of the courts of Victoria.

10. Final Agreement

This Agreement, including specific terms for individual services, constitutes the entire agreement between us and supersedes all prior discussions. Any changes must be agreed upon in writing.

By engaging our services, you acknowledge that you have read, understood, and agreed to these Terms and Conditions.

Effective Date: Dec 2022
Contact: hello@carvemedia.com.au