THE DELICATESSEN PTY LTD
TERMS AND CONDITIONS OF WEBSITE AND SOCIAL MEDIA PAGES

Welcome to The Delicatessen (deliagency). If you continue to browse and use this website and social media pages, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern The Delicatessen’s relationship with you in relation to this website and our social media pages. If you disagree with any part of these terms and conditions, please do not use our website or social media pages.

The term ‘The Delicatessen’ or ‘us’ or ‘we’ refers to the owner of the website. Our ABN is 88 166 115 760. The term ‘you’ refers to the user or viewer of our website.

WEBSITE

The use of this website is subject to the following terms of use:

  • The content of the pages of this website is for your general information and use only. It is subject to change without notice.
  • Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
  • Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
  • This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
  • All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
  • Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offense.
  • From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
  • Your use of this website and any dispute arising out of such use of the website is subject to the laws of Australia.

SOCIAL MEDIA PAGES

The Delicatessen offers its social media pages as a service to provide you with information about us, our services, and other matters of interest. Our social media pages are available to the public and are openly available to all users of the relevant social media website.

Our social media pages are those pages on social media websites including, but not limited to, Facebook, Twitter, Pinterest, GooglePlus, LinkedIn, Instagram, YouTube, that are identified as being a web page associated with The Delicatessen (Social Media Pages). To avoid any confusion between a third party social media page and our own, a link to each Social Media Page that is associated with The Delicatessen can be found on our website (our Website). We do not associate ourselves with, or provide any warranties as to the quality, content or legality of any social media page that is not linked to from our Website.

In accessing and using our Social Media Pages, you must comply with any relevant terms and conditions associated with the relevant social media channels, as well as with these terms and conditions.

Content on Social Media Pages
Regardless of whether it was posted and/or uploaded by us or a third party, The Delicatessen:

  • does not endorse any comments, advice, statements, visuals, audio, videos or other material (Content) posted to our Social Media Pages;
  • does not represent or warrant the accuracy of Content posted to our Social Media Pages; and
  • will not be liable for any Content posted to our Social Media Pages.

Whilst we may not monitor all Content that you post to our Social Media Pages, we expect that you will not post any Content that we may deem to:

  • be defamatory, abusive or hateful, intimidating, or misleading;
  • constitute junk mail or bullying;
  • infringe a third parties rights; or
  • breach any other laws.

In the event that you do post such material, we reserve the right to remove that material from our Social Media Pages immediately and without notice to you.

We will also remove, without notice to you, any unapproved Content that is commercial in nature. The Delicatessen is not responsible for any advertising material that may be displayed on our Social Media Pages by third parties.

Third Party Links
The Delicatessen may, from time to time, provide hyperlinks to third party websites (Linked Websites). The Delicatessen does not control content posted on the Linked Websites, and we are therefore not responsible for any content found on them. We provide hyperlinks to Linked Websites for your convenience only, and do not endorse or approve any of the content found within Linked Websites. We do not take any responsibility or warrant the accuracy of any aspect of content or information provided on the Linked Websites.

Intellectual Property
By uploading Content to a Social Media Page, you grant The Delicatessen a worldwide non-exclusive, sub-licensable, royalty-free licence to:

  • use, reproduce, distribute, display, publish and adapt any part or all of the Content;
  • publicly promote, endorse or market the Content in any way whatsoever, including via the Social Media Pages or otherwise; and
  • perform or carry out any actions associated with achieving any of the above.

The Delicatessen may use the Content for any period of time beyond your removal of the Content from the Social Media Pages.

Privacy Policy
By agreeing to these Social Media Terms, you also agree to the terms of our Privacy Policy.

Miscellaneous
To the extent permitted by law, you agree to indemnify us from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses (whether in tort or in contract including and without limitation, negligence) arising out of or in any way connected to the use of the Social Media Pages by you.

We do not make any claims that the information or Content on the Social Media Pages is appropriate or may be downloaded in all areas, countries or jurisdictions. If you access any Social Media Pages, you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction.

THE DELICATESSEN PTY LTD
TERMS AND CONDITIONS OF SERVICES

The following terms and conditions govern the services of The Delicatessen. If you disagree with any part of these terms and conditions, please do not accept our official estimates.

GENERAL

  • All quotes allow for up to two sets of basic changes to the final project works, whether video, design or editorial, that do not deviate from the original brief. Changes made in excess of this or made after an element has been agreed upon will attract addition charges of a minimum half-day rate for each set of changes. These will be discussed with you as and when they arise.
  • The Delicatessen reserves the right to use any final client work in our portfolio. This right can be wavered at the request of the client.
  • All intellectual property including but not limited to scripting, filming, editing, vocal production, musical composition, recording, editorial creation, creative concepts and ideas; are secured by The Delicatessen until the official approval and all monies received.
  • The Delicatessen reserves the right to impose additional charges for work carried out at the client’s request beyond the scope of the proposal.
  • To the extent permitted by law, you agree to indemnify us from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses (whether in tort or in contract including and without limitation, negligence) arising out of or in any way connected to your community’s use of any content created for you.
  • Payment terms are 14 days. Late payments will incur a 5% late payment fee (LPF) on the overdue balance from the due date for payment (compounded every 7 days). Payments overdue by 3 months will be referred to debt collectors without notice.

VIDEO PRODUCTION

  • Prior to the commencement of any video production, the client must agree to the payment conditions as follows: Once the official estimate has been accepted, a non-refundable deposit of 50% must be paid and settled immediately to confirm booking. The remaining 50%, inclusive of any applicable approved extra costs, will be issued and payment is due within 14 days of invoice. Once payment is received the final video file will be sent to the client in an mp4 format. Payment method accepted for high-quality video is direct deposit only.
  • The Delicatessen will make every attempt to provide quality crew, equipment and stock to ensure a professional job is carried out in a safe and secure environment. However, in the event of any unforeseen circumstances such as faulty stock, equipment malfunction, criminal activities (such as theft) or other items beyond The Delicatessen’s control, The Delicatessen cannot be held liable for any losses of recordings or damages. Restricted filming (imposed by client, venue or the like) natural disasters, unsafe shooting conditions, bad weather or issues beyond The Delicatessen’s control will be at the risk of the client.
  • Additional shooting, editing time or equipment not scheduled for film or video production work may attract additional fees; these fees will be discussed with you at the time of production or edit.
  • All previews of your video, design or editorial content remain the property of The Delicatessen until final payment has been received, during this time these videos or editorial content, with the exception of live social media feeds were applicable, can’t be used for any public broadcast.
  • Once a Final Master has been agreed upon changes can’t be made without incurring additional fees.
  • For any work, edit that remains unapproved for final production or completion for a period of more than 30 days, The Delicatessen reserves the right to terminate the production and invoice the client for the work done. The Delicatessen will make every effort to get the project back on track with the client. Should unforeseen circumstances occur which might delay the client in processing the job the client needs to notify The Delicatessen within the agreed 30 days in order to not have your production terminated.
  • We keep all the files and production assets for your project on our machines for one month after delivery free of charge. After that we recommend archiving the files; there’s always a chance you may need a change, a rebrand or an update at some point. We charge $100.00 ex GST to archive your project (per 500Gb) for up to three years. It’s stored on a dedicated hard drive and kept in a fire proof safe.
  • Under no circumstance will we give our project files or unedited material out to any client. This is a copyright and IP issue. We will issue raw footage on request, the cost of which is at a cost to you.
  • You can change an arranged shoot date up to 72 hours before the shoot without incurring a cancellation fee. Anytime after this will result in a cancellation fee of $250.00 + GST. Decommissioning of work after the shoot will incur a 20% cancellation fee of whatever is decommissioned. This fee is on top of the deposit and any costs for work already completed. This is not a penalty; it’s because we incur costs when we book shoots. We schedule extra crew when we have a shoot; cancelling them at short notice costs us.

SOCIAL MEDIA

  • Prior to the commencement of any social media work, the client must agree to the payment conditions as follows: Once the official estimate has been accepted, the initial set-up fee and first months payment must be paid and settled immediately before any work commences. Monthly invoices for work will be sent on the date of estimate acceptance and is payable within 14 days of invoice. Payment method accepted is direct deposit only.
  • Once initial 3 month period has ended, social media packages will be moved to a rolling contract and charged on a month-by-month basis. Any changes required to your social media package can be discussed at this time. Termination of this contract requires 30 days notice in writing to The Delicatessen via email to admin@deliagency.com. Any changes required to your social media package can be discussed at this time.
  • Regardless of whether it was posted and/or uploaded by us or a third party, The Delicatessen:
    • does not endorse any comments, advice, statements, visuals, audio, videos or other material (Content) posted to your Social Media Pages;
    • does not represent or warrant the accuracy of Content posted to your Social Media Pages; and
    • will not be liable for any Content posted to your Social Media Pages.
  • The Delicatessen may, from time to time, provide hyperlinks to third party websites on your behalf (Linked Websites). The Delicatessen does not control content posted on the Linked Websites, and we are therefore not responsible for any content found on them. We provide hyperlinks to Linked Websites for your followers convenience only, and do not endorse or approve any of the content found within Linked Websites. We do not take any responsibility or warrant the accuracy of any aspect of content or information provided on the Linked Websites.
  • We will also remove, without notice, any unapproved Content that is commercial in nature from your Social Media Pages. The Delicatessen is not responsible for any advertising material that may be displayed on our Social Media Pages by third parties.
  • To the extent permitted by law, you agree to indemnify us from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses (whether in tort or in contract including and without limitation, negligence) arising out of or in any way connected to your community’s use of your Social Media Pages.
  • We do not make any claims that the information or Content posted on your Social Media Pages is appropriate or may be downloaded in all areas, countries or jurisdictions. If your community access your Social Media Pages, they do so at their own risk and they are responsible for compliance with the laws of their jurisdiction.
  • You will need to provide relevant information to The Delicatessen, as reasonably required, in sufficient time to facilitate the execution of any content in accordance with any estimated delivery dates or milestones. We do not take any responsibility for the accuracy of the information provided by you.

CONTENT MARKETING STRATEGY

  • Prior to the commencement of any content marketing strategy, the client must agree to the payment conditions as follows: Once the official estimate has been accepted, a non-refundable deposit of 40% must be paid and settled immediately before work commences. The remaining 60%, and any applicable approved extra costs, will be split across two consecutive months, and is payable within 7 working days of invoice. Payment method accepted is direct deposit only.
  • As part of our strategy packages, one session with The Man That Can is included. Full terms and conditions for our subsidiary budget video company The Man That Can can be found at www.themanthatcan.tv
  • To the extent permitted by law, you agree to indemnify us from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses (whether in tort or in contract including and without limitation, negligence) arising out of or in any way connected to the content you create from the advice given to you by The Delicatessen.

CONTENT CREATION

  • Prior to the commencement of any content creation work, the client must agree to the payment conditions as follows: Once the official estimate has been accepted, a non-refundable deposit of 50% must be paid and settled immediately before work commences. The remaining 50%, inclusive of any applicable approved extra costs, will be issued and payment is due within 14 days of invoice. Once payment is received the final design files will be sent to the client in an .psd, .ai or .indd format. Payment method accepted for high-quality video is direct deposit only.

OTHER

  • Credit Card Payments: Payments made with a credit card will incur a 5% administration cost.
  • Extra Costs: All estimates are just that, an estimate. While we will do everything we can to stick within the estimate budget there may be times when extra costs are incurred. All extra costs are charged at a minimum half-day rate for each set of changes. These will be discussed with you as and when they arise.
  • Bespoke work outside of the above listing will be discusses with you on a case-by-case basis.
  • Copyright:
    • We can’t take any legal responsibility for any copyright infringements caused by materials that you submit to us; this is your responsibility.
    • We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.
    • We also reserve the right to refuse any material that is deemed offensive.
  • Cancellation: On acceptance of any estimate, you have entered into a binding ‘agreement’ and our Cancellation Policy is as follows:
    • Cancellation of the ‘agreement’ must be received in writing. No cancellation, including those sent via fax, will be accepted without written acknowledgement from The Delicatessen confirming receipt.
    • If written cancellation is received then the following fees and charges apply:
      • After the statutory 10 day cooling off period and no more than 17 days after the signing of ‘the agreement’ you are required to pay 50% of the overall fees and charges as agreed upon in the agreement. Upon the 18th day and hereafter any written cancellation received will result in 100% of the sum total of  fees and charges to be payable on the dates agreed upon in the agreement.
      • After the statutory 10 day cooling off period there are strictly no refunds on any monies paid to The Delicatessen.