Application
The following terms of service between LiveVision Productions Pty Ltd (we/us/our) and the Client (you/your) apply to the supply of digital event services, recording, broadcasting, simulcasting, webcasting, IMAG, video production, streaming and/or consulting services – including, but not limited to, the hiring of technical equipment (Services) by us to you.
Proposal for Service
We will provide you with written advice of the proposed costs in regard to the Services requested by you in the form of a quote or estimate, proposal or service contract (Proposal). In order for us to provide the Services you must first notify us in writing that you accept by way of signed Confirmation and Acceptance of Proposal.
If no notice is received from you within 14 working days after the date of the Proposal, then the charges associated with the Proposal (Charges) may be subject to change.
Anything we provide which is not a written and signed Proposal is only a guide to our charges for service. All efforts are put into providing accurate quotes for video productions. Some video productions, however, require additional resources and/or additional time due to unforeseen circumstances such as (but not limited to) additional equipment, additional labour, equipment upgrades, travel expenses, flights, transfers, logistics, accomodation, courier fees, parking and venue fees, sundries or any other specific Client requests. In the event additional costs are required, we will advise you as soon as possible. LiveVision Productions Pty Ltd take no responsibility for extra costs due to reasons outside of our control. It will be assumed and accepted by the Client that these costs will be charged, in addition to the agreed quote, as long as these additional costs are fair & reasonable.
Services are subject to availability. If when receiving a Notice from you, we are not in a position to provide the Services requested, we will notify you accordingly. We may elect to provide you with only some of the Services requested and if you inform us that you still wish to acquire those Services, we will provide you with a new Proposal for those specific Services.
Confirmation, Invoicing & Payment Terms
As soon as we receive a Notice from you and we confirm that we are able to provide the Services requested, the Proposal together with these Terms of Service will comprise our agreement with you (Agreement).
In order for us to commence providing our Services to you in relation to the Project, a deposit is required unless otherwise advised by us in writing. We cannot commence providing our Services to you in relation to a Project until we receive a deposit.
Where the Agreement specifies the duration for the provision of the Services then that duration will be the agreed minimum duration for the provision of the Services to you. (Minimum Term). Day rates are calculated at a minimum 8 Hour duration. Booked hours will be invoiced for in full and without deduction over the project period. Where the agreed project runs on an hourly basis we will charge in hourly increments.
For the Project(s), we will invoice you and you agree to pay for Project Costs at the timeframes set out in the proposal. We reserve the right to invoice you at any time for all or part of the Project Costs.
If you require and we therefore provide additional Services to you that are not detailed in the Proposal (such as but not limited to late changes to the scope of your project) (Additional Services), then we may impose additional charges (Additional Charges). Additional Charges will be in accordance with our prevailing standard rates and will be included in our invoice and payable by you, and may include at our discretion, an additional late change fee for changes made less than 72 hours before the event. If we provide Additional Services, then “Services” includes Additional Services and “Charges” includes Additional Charges.
A Service Charge (Service Charge) may be payable where specified in the Proposal to recoup some of the cost to us of sundry items and expenses incurred by us to provide the Services and not separately charged for. You agree to pay the services, fees and expenses set out in the Client Proposal (Project Costs) and any other expenses (for example parking costs, postage and production supplies) reasonably incurred by us. We reserve our rights to increase or decrease the Projects Costs, where any details and particulars from the Client Proposal change.
We reserve the right to levy an outside ordinary hours labour surcharge for our provision of services by our staff commencing before 6am or concluding after midnight, levied at our rate applicable for the state or territory in which the service is performed.
All amounts charged by us under the Agreement in connection with any Project shall be in the first instance, calculated exclusive of any GST. Unless agreed in writing otherwise payment must be made for the total amount of our invoice for the Services within no less than 30 days of the date of our invoice.
Where we engage a lawyer or collection agency to recover any unpaid money under this Agreement, you agree that you shall liable (on a full indemnity basis) for all of our costs spent recovering such sums from you. You acknowledge that ‘time is of the essence’ when paying invoices under the Agreement, and we reserve the right to suspend work if any invoices are outstanding. If any invoice remains unpaid 30 days after the date it was due, we may charge you interest at the Cash Rate Target, as fixed by the Reserve Bank of Australia, plus 2%.
Insurance
During the Term of this Agreement, we agree to effect and maintain public liability with a value of $20 million dollars for any one event, and workers compensation insurance as required by law.
Our policies of insurance apply only in relation to our provision of the Services and do not provide any insurance cover for you or for your event. You are responsible to effect and maintain your own insurances for your event including but not limited to public liability and property damage insurance.
Cancellation
If you have given us a Notice then you must advise us in writing if you decide to cancel the Services or change either the scope of or date for provision of the Services. In any of these circumstances (other than a change of scope we agree in our discretion in writing is a non-material change), a cancellation charge equal to a percentage of the Charges for the Minimum Term must be paid by you, as a genuine pre-estimate of our loss, calculated according to the date you advise us of the cancellation or change (as the case may be) in writing (Cancellation Date) as follows:
If the Cancellation Date is less than 72 hours before the Commencement Date, 100% of the Charges, (Cancellation Charge), and in addition to the Cancellation Charge, you must reimburse us for any expenses we have incurred in preparation to provide the Services including any preproduction charges including but not limited to, flights, transfers, travel, accomodation, logistics, freight and equipment cross hires not already paid to us. In calculating the Cancellation Charge, the Charges will not include such expenses paid to us in full.
Right Of Refusal Or Termination
LiveVision Productions reserves the right to terminate the provision of Services, if any person(s) employed or contracted by LiveVision Productions is placed in a position where there is an actual or apparent risk of injury; or
there is a risk that any of the equipment used may be damaged.
If LiveVision Productions terminates the provision of Services the Client will not be entitled to any such project discount and will still be required to pay 100% of the project costs outlaid in the initial proposal. LiveVision Productions may seek compensation from the Customer for any loss or damage suffered.
Service Delivery
The Client must permit or obtain permission for us to enter any premises where the Equipment is located or in order for us to provide the Services and you must provide all reasonable assistance to enable us to provide the Services.
We reserve the right to withdraw our Services if yours or a third party’s plans are altered or the operating environment changes to such an extent as to breach our policies regarding safe work practices for our employees or any applicable Occupational Health & Safety standards (OHS). You are solely responsible for compliance with all OHS and other statutory requirements at your event.
Delivery of equipment, and other technical items provided by us as part of the Services (Equipment) will take place:
a. at the location specified in the Proposal.
In relation to the transporting of our Equipment:
As we are responsible for transporting, you must;
i. ensure that the Equipment is available and able to be collected by us during the pack down time specified in the Proposal (Pack Down Time); and
ii. If for any reason other than a matter under our control, we are unable to collect the Equipment during the Pack Down Time then an amount equal to 100% of the daily rate for the provision of the Equipment component of the Services for each day (or part thereof) until the Equipment is accessible and available to be collected by us, plus any charges for our staff’s additional time, will be charged to you as Additional Charges.
Sub-Contractors
We are permitted in our discretion to engage appropriately skilled independent subcontractors, freelancers or other third parties (Sub-Contractors) to perform some or all of the Services. Ten (10) Hour minimum time frame is required between shifts.
Poaching
- The Customer will not employ or hire (in any capacity whatsoever) a Crew Member who has been introduced to the Customer by LiveVision Productions Pty Ltd & Associates.
Intellectual Property
The Client is solely responsible for all intellectual property including but not limited to, digital event services, recording, broadcasting, simulcasting, webcasting, IMAG, video production, streaming, including without limitation to, all copyright, designs, patents, registered and unregistered trademarks, whether contained in any computer program or system, music, film, graphic, printed or other material or media of any kind, (Intellectual Property) in any way used at or forming part of your event and you must obtain all necessary licenses and approvals for use of the same.
Rights In Relation To Recorded Material
Ownership:
Any recorded materials by LiveVision Productions Pty Ltd including but not limited to raw footage, video files, streamed video files, audio files and edited video files remain the (Intellectual Property) of LiveVision Productions Pty Ltd until You make full payment for the Services and the works. Where Services or works remain unpaid or in an event that an invoice from Us to You remains unpaid, Live Vision Productions Pty Ltd reserves the right to withhold all materials, including without limitation to, raw footage, digital recordings, video production recordings, audio recordings, web streaming works, and the respective protected Copyright associated with these materials. Upon receipt of full payment of our invoice You will be granted an exclusive, worldwide transferable, royalty free license to all the media clips produced during the course of the contracted work.
The Premiere Pro timelines, After Effects, Photoshop, Final Cut, Audition are LiveVision Productions intellectual property and are not supplied.
Copyright in all video, images, audio, lyrics or musical composition included or recorded in the edited video or recorded by equipment used by LiveVision Productions will remain the property of the author or legal entity owning the copyright.
Unless otherwise specified in writing, LiveVision Productions reserve the right to use any digital recording, raw footage and/or final edit(s) for their own marketing
purposes, including (but not limited to) displaying on their website, adding all (or parts) to promotional/marketing material online or offline.
Artistic Licence
You acknowledge and agree that production and editing processes relating to the Services and the Works involve elements of artistic expression and interpretation. You further acknowledge and agree that differences in artistic opinion may arise between You and Us in respect of the Services and/or the Works and that such differences in artistic opinion are not grounds for seeking further variations to the Works in addition to the Unpaid Variation. Under no circumstances will LiveVision Productions be required to make variations to the Works in addition to the Unpaid Variation on grounds of a difference in artistic opinion between Us and You alone, unless such variations are Paid Variations.
Webcasting & Recording
We take all reasonable care in our delivery of Webcasting and Recording Services and require our suppliers to take all reasonable care. However, use of the technology and Systems required for video recording and webcasting involves risks of interruption, delay and/or failure of transmission and access and we do not promise that video recording and webcasting Services or any Equipment relating to them:
a. will operate continuously;
b. will be fault free; or
c. will operate at their theoretical maximum quality or capacity.
To the fullest extent permitted by law we exclude all liability for any failure, interruption, fault or delay to any video recording and webcasting Services whether occurring during recording, webcasting in real time, on demand or otherwise and however arising.
We do not provide telecommunications carriage services and you must independently arrange and maintain all such services from your own telecommunications provider to enable us to provide Webcasting Services to you. Even if we test such services prior to provision of Webcasting Services we have no responsibility for the speed, reliability or failure of any telecommunications services used.
ADDITIONAL TERMS OF SERVICE APPLICABLE FOR WEBCASTING SERVICES
The following additional Terms of Service apply only if the services to be provided to you under the Proposal include or comprise of any webcasting services including, but not limited to services known as live webcasting, on-demand webcasting, streaming, podcasting, vodcasting, simulcasting and other virtual post and related services (all Webcasting Services).
In these additional terms:
a. Event includes a live video recording, webcast, podcast, vodcast and any other event, broadcast or
display facilitated or provided by the Services; and
b. Services include the Webcasting Services we supply to you.
If there is no applicable dispatch or shipping date specified in the Proposal the Commencement Date means the date specified for the first delivery of any Services to be provided under the Proposal.
The Client is solely responsible for any Content distributed via live broadcast, IMAG and/or Webcasting Services and must ensure that the Content does not infringe any other person’s Intellectual Property rights, be of an obscene or pornographic nature, be defamatory, threatening or abusive, advocate illegal activity or infringe the laws or regulations of any jurisdiction where the Content may be accessed or displayed.
We remind you that it is your sole responsibility to obtain all necessary consents and licenses for Content broadcast and/or reproduction. Our Services do not include provision of any licenses unless otherwise expressly specified in the Proposal.
The Client authorises us to reproduce any material owned or supplied by you containing Intellectual Property for the purposes of our provision of the Services to you including but not limited to production and display of Content.
Usernames and/or Passwords which you may employ to limit user access to any Webcasting Services are your sole responsibility to employ and safeguard. We have no responsibility for the same or for any unauthorised access.
The Client acknowledges and agrees that Content may be stored by us on our supplier’s servers. We will use reasonable endeavours to prevent unauthorised access to Content stored on our servers, and we will use reasonable endeavours to require our suppliers to prevent unauthorised access to Content stored on our supplier’s servers. However, we do not guarantee that unauthorised access to Content can be prevented and we exclude all liability for any authorised access.
Disposal
Raw Footage, video files, audio files and edited video files will be retained for up to three (3) months only and will then be disposed of, deleted or erased. If at the end of three (3) months Services have not been paid for, LiveVision Productions reserves the right to dispose of all Raw Footage, video files, audio files, edited video files, recorded materials and finished works.
Equipment Not Under Our Sole Care and Control
If any Equipment is not under our sole care and control because you have hired or rented Equipment from a third-party supplier, in addition to your obligations outlaid in this agreement you must provide adequate security for the Equipment;
General
You warrant that you and the person(s) accepting the Agreement for you are entitled and authorised to enter into and perform your obligations under the Agreement. Both you and any person signing the Agreement for you as your agent agree that all your obligations under the Agreement bind you and the agent jointly and severally and reference to “you” in the Agreement includes your agent.
You must not assign or otherwise deal with any of your rights or obligations under the Agreement.
If you breach any term of the Agreement or become subject to the appointment of a liquidator, receiver, receiver and manager, trustee in bankruptcy or other form of administration or if we determine that you are otherwise unable to pay your debts as and when they fall due, then, without prejudice to any other rights we may have, all unpaid Charges are immediately due and payable by you and we may at our option terminate the Agreement and/or immediately cease to provide the Services to you and retrieve the Equipment.
Unless otherwise indicated, all references to amounts are exclusive of GST. If we are liable to pay GST in respect of any supply we make to you, you must pay us an additional amount equal to the amount of the GST payable on that supply and we will issue you with a tax invoice in accordance with the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
You must pay all government duties that apply and any related fines and penalties in respect of the Agreement and each transaction effected by or made under the Agreement and indemnify us against any liability arising from your failure to do so.
Our Charges are subject to change before the Agreement is made, or as specified in the Proposal and are quoted in Australian dollars unless otherwise indicated in the Proposal.
If any of these terms and conditions is, or becomes wholly or partially invalid for any reason, then that term or condition will to the extent of the invalidity be severed without affecting the enforceability and validity of any other, and in the interpretation of these terms and conditions, no rules of construction will apply to our disadvantage on the basis that we put forward these terms and conditions or any part.
The Agreement is governed by, and must be construed in accordance with, the laws of the Commonwealth of Australia and of the State or Territory of the Commonwealth of Australia where the Services are provided. The parties submit to the exclusive jurisdiction of the courts of that respective State or Territory of Australia and if more than one State or Territory, or if the Services are performed outside of Australia, to the exclusive jurisdiction of the Courts of Victoria, Australia.
We may vary these terms and conditions from time to time however we will not vary them after an Agreement has been made in relation to that Agreement except as expressly permitted under these terms and conditions.
Reservations
We reserve the right to update or make modifications to any Webcasting Services or the way in which they are provided from time to time as we determine are reasonably necessary to provide the Services including but not limited to changes required by reason of a change made by or to any of our suppliers.
Risk and Responsibility
Yours and any third parties’ equipment or other property used or located at your event is your responsibility and at your risk at all times. You must retrieve any such property immediately on conclusion of your event and indemnify us from any loss, damage, cost, expense, liability, judgment, claim, demand, suit or action we suffer or incur, or which is brought against us (all called Harm) arising in any way in relation to such property except to the extent we cause it by our wrongful act.
We have no liability or responsibility for any failure, default or delay arising from strike, lock out, industrial dispute, raw material shortage, delays in deliveries from suppliers, any natural or other cause beyond our reasonable control, or from your delay or failure in providing anything specified in the Agreement as required to be provided by you.
To the fullest extent permitted at law, all terms, conditions and warranties implied into the Agreement by statute, at common law or otherwise are excluded, and all and any liability by us for any indirect or consequential loss or damage (including without limitation, any loss of income, revenue, opportunity, data, profit and/or saving) and/or for any exemplary, special and/or punitive damages, arising in any way in connection with the Agreement, its subject matter and/or our provision of or failure to provide the Services and whether arising under contract, in equity, negligence, other tort, statute or otherwise, is excluded.
You agree to indemnify us from all Harm arising in connection with your event or provision of any of the Services except to the extent we cause it by reason of our negligent or wrongful act or omission, and you further agree to indemnify us from all Harm arising from your breach of the Agreement.
Limitation Of Liability
The parties acknowledge that, under applicable State and Commonwealth law, certain clauses, conditions, guarantees and warranties may be implied in these Terms of Service and there are rights and remedies conferred on the Customer in relation to the provision of goods or of services which cannot be excluded, restricted or modified by agreement (“Non-excludable Rights”).
Except to the extent of Non-excludable Rights, LiveVision Productions will not be liable for:
Any claim by the Customer or any person, including without limitation any claim relating to or arising from all clauses, conditions, guarantees and warranties express or implied, and all rights and remedies conferred on the Customer, by statute, the common law, equity, trade, custom, usage or otherwise; and
Any representations, warranties, conditions or agreement made by any agent or representative which are not expressly confirmed by LiveVision Productions in writing, and the liability of LiveVision Productions for any such matters is here by excluded.
Where (and to the extent) permitted by law the liability of LiveVision Productions for a breach of a Non-excludable Right can be limited, LiveVision Productions liability is limited, at LiveVision Productions option, to one of the following:
The supply of the service again; or
Payment for the cost of having the services supplied again.
Notwithstanding any other provision, LiveVision Productions is in no circumstance (whatever the cause) liable in contract, tort (including without limitation negligence or breach of statutory duty or otherwise to compensate the Customer for:
a) Any increased costs or expenses;
b) Any loss of profit, revenue, business, contracts or anticipated savings;
c) Any loss or expense resulting from a claim by a third party;
d) Any special, indirect or consequential injury, loss, damage or expense whatsoever and howsoever arising.
AMENDMENT
LiveVision Productions reserves the right to amend these Terms of Service at anytime. Amendments will be effective after the Customer has been given 7 days written notice. The most up to date copy of these Terms & Conditions are always available at: www.livevisionpro.com.au/terms