TERMS & CONDITIONS
When you purchase any of our services, you agree to the terms and conditions below:
Payment & Cancellation Policy
Services are invoiced monthly in advance and payment is due prior to the commencement of each month’s services, if you would like the ability to cancel at any time. Alternatively, services can be invoiced in arrears and a notice of cancellation would therefore be 4 weeks. This is because work is done in advance and posts are scheduled for future dates.
Either party may terminate the agreement at any time by providing written notice. Where payment has been made in advance, services for that billing period will continue until the end of the paid period. Where payment has been made in arrears, services will be completed in accordance with the 4 week’s notice.
Client Cancellation & Rescheduling
Clients are responsible for providing reasonable notice if a scheduled shoot, event or service needs to be postponed or cancelled.
Where cancellation or rescheduling results in lost preparation time, travel costs, booking commitments or third-party expenses, AnitaOngMedia may charge applicable costs incurred.
New Clients
AnitaOngMedia reserves the right to decline or discontinue services where a project is not considered suitable or where it cannot be delivered to the required professional standard.
Pricing & Charges
Prices are exclusive of GST where applicable.
*Clients with an active Kickstarter, Growth or Industry Leader Social Media Plan receive 50% off content creation shoots, subject to availability and account payments being up to date. The discount cannot be combined with any other offer unless agreed in writing.
Revisions
One round of reasonable revisions is included for each post are included unless otherwise stated.
Requests for substantial changes, additional revisions or changes to the agreed project scope may incur additional charges at $60 per hour. A quotation will always be provided for approval before additional work is undertaken.
Travel
Travel within 50 km of Brisbane CBD is included unless otherwise specified.
*Travel outside this area, multiple locations, accommodation, parking, flights, ferry fares, event entry fees and other reasonable travel expenses will be quoted separately where applicable.
Insurance & Damages
AnitaOngMedia maintains appropriate Public Liability and Professional Indemnity Insurance. A Certificate of Currency can be provided upon request.
While every reasonable effort is made to deliver services on time and to a professional standard, AnitaOngMedia is not liable for indirect or consequential loss, including loss of profits, revenue, business opportunities or goodwill arising from the use of our services or any delay or inability to deliver services where the delay is outside our reasonable control.
Our total liability for any claim relating to the services is limited to the amount paid by the client for the relevant service, to the maximum extent permitted by law.
Clients are responsible for damage caused to AnitaOngMedia equipment through negligent or deliberate acts of the client, their employees, contractors or guests. Repair or replacement costs, including any applicable insurance excess, may be recovered where appropriate.
Intellectual Property
Unless otherwise agreed in writing, copyright in all raw photographs, raw video footage and project files remains the property of AnitaOngMedia.
Final edited content supplied to the client may be used by the client for their own business marketing purposes.
AnitaOngMedia reserves the right to use completed work for portfolio, website and promotional purposes unless otherwise agreed in writing.
The AnitaOngMedia name, logo, branding and website content remain the intellectual property of AnitaOngMedia.
Clients are welcome to credit or tag AnitaOngMedia on social media when sharing content created by AnitaOngMedia.
Any other use of the AnitaOngMedia name, logo, branding or other intellectual property, including use for advertising, promotion, endorsement, commercial purposes or in any way that suggests an affiliation with AnitaOngMedia, requires prior written permission from the Director of AnitaOngMedia.
Social Media Disclaimer
AnitaOngMedia does not guarantee any specific increase in followers, engagement, enquiries, sales or revenue. Marketing outcomes depend on numerous factors outside our control including market conditions, advertising budgets, platform algorithms and client responsiveness.
Force Majeure
AnitaOngMedia is not responsible for delays or cancellations caused by circumstances beyond our reasonable control including severe weather, natural disasters, illness, equipment failure, government restrictions or platform outages.
Drone Operations & Safety
Drone photography and videography services are subject to weather conditions, location suitability, airspace restrictions, CASA regulations and safety requirements.
AnitaOngMedia reserves the right to postpone, modify or cancel drone operations where safety, legal requirements or environmental conditions prevent safe operation.
No refunds or compensation will apply where services cannot be completed due to circumstances outside AnitaOngMedia’s reasonable control.
Client Responsibilities
To allow AnitaOngMedia to provide services effectively, clients agree to:
- Provide accurate, complete and timely information, instructions, approvals and access required to deliver the agreed services.
- Ensure all information, images, logos, trademarks, documents, music, footage or other materials supplied to AnitaOngMedia are owned by the client or that the client has obtained all necessary permissions and licences for their use.
- Accept responsibility for the accuracy, legality and compliance of client-provided information and materials.
- Obtain any necessary permissions, approvals or releases required for filming, photography, events, locations, employees, customers, products or intellectual property featured in content.
- Review and approve content before publication where approval has been requested or agreed.
AnitaOngMedia is not responsible for delays, additional costs or reduced outcomes caused by incomplete information, delayed approvals, unavailable access or changes requested by the client after work has commenced.
Content Approval & Publishing
Where content approval is required, clients are responsible for reviewing and approving content within the agreed timeframe.
Once content has been approved by the client, AnitaOngMedia is not responsible for errors, omissions or changes requested after approval.
Where AnitaOngMedia manages social media accounts on behalf of a client, the client authorises AnitaOngMedia to publish approved content on agreed platforms.
AnitaOngMedia may recommend strategies, content ideas and marketing approaches; however, no guarantee is made regarding specific levels of reach, engagement, followers, enquiries, sales or financial outcomes.
Copyright and Usage Rights
Unless otherwise agreed in writing, copyright and ownership of all raw photographs, raw video footage, project files, templates and working files remain the property of AnitaOngMedia.
Upon full payment, clients receive a licence to use final delivered content for their own business marketing purposes, including websites, social media, advertising and promotional materials.
Raw files, unedited footage and project files are not included unless specifically agreed.
Clients may not resell, transfer, edit, licence or provide content created by AnitaOngMedia to third parties without prior written permission.
3rd Party Platforms
AnitaOngMedia may provide services involving third-party platforms including social media networks, advertising platforms and digital services.
AnitaOngMedia is not responsible for changes, outages, restrictions, account suspensions, algorithm changes or policies imposed by third-party platforms.
Clients remain responsible for ensuring their accounts comply with the relevant platform terms and conditions.
Content Standards & Reputation
AnitaOngMedia reserves the right to refuse to create or publish content that may be unlawful, misleading, defamatory, discriminatory, harmful or inconsistent with professional standards.
AnitaOngMedia may request changes, clarification or supporting evidence before publishing content where concerns arise.
Photography, Video & Model consent
Where photography or video content includes identifiable individuals, the client is responsible for obtaining any required permissions, approvals or releases from employees, contractors, guests, customers, participants or other individuals featured in the content, unless otherwise agreed in writing.
By engaging AnitaOngMedia, the client confirms that they have obtained all necessary permissions required for the creation, publication and use of content featuring identifiable individuals.
Where AnitaOngMedia captures members of the public incidentally in public locations, reasonable efforts will be made to respect privacy and applicable laws.
Unless otherwise agreed in writing, AnitaOngMedia retains the right to use completed photographs, videos and other creative works for portfolio, website, social media, promotional and marketing purposes.
Clients may request restrictions on promotional use of specific content by notifying AnitaOngMedia in writing prior to publication.
Privacy & Confidentiality
AnitaOngMedia respects client confidentiality and will not disclose confidential business information obtained during the provision of services.
Clients authorise AnitaOngMedia to access and manage relevant digital platforms, files and accounts required to deliver agreed services.
Governing Law
These Terms & Conditions are governed by the laws of Queensland, Australia.
Any disputes arising in connection with these Terms & Conditions or the services provided by AnitaOngMedia will be subject to the jurisdiction of the courts of Queensland, Australia.
Australian Consumer Law
Nothing in these Terms & Conditions excludes, restricts or modifies any rights or remedies available to consumers under the Australian Consumer Law or any other applicable legislation that cannot be lawfully excluded.
Where permitted by law, AnitaOngMedia’s liability is limited to the resupply of services or the cost of resupplying those services.