TERMS AND CONDITIONS OF WEBSITE AND SOCIAL MEDIA PAGES

Welcome to the Deli Agency. 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 Deli Agency’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 ‘Deli Agency’ or ‘us’ or ‘we’ refers to the owner of the website. Deli Agency is a trading name of R Saunders Pty Ltd, ABN 95 616 575 065. 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 Deli Agency 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 Deli Agency (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 Deli Agency 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 Deli Agency:

  • 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 Deli Agency is not responsible for any advertising material that may be displayed on our Social Media Pages by third parties.

Third Party Links
The Deli Agency may, from time to time, provide hyperlinks to third party websites (Linked Websites). The Deli Agency 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 Deli Agency 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 Deli Agency 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.

TERMS AND CONDITIONS OF SERVICES

The following Terms & Conditions govern the services of R Saunders Pty Ltd T/a Deli Agency. If you disagree with any part of these Terms & Conditions, please do not accept our official estimates.

VIDEO PRODUCTION

Marketing & promotion

  1. We may use any final client work in our portfolio which may appear in print, on our website or other promotional material. If you do not want this to happen, let us know. We will always respect your privacy.

Intellectual property

  1. All intellectual property including but not limited to scripting, filming, editing, vocal production, musical composition, recording, editorial creation, creative concepts and ideas remains our property until you have approved the final product and paid all money owed to us.

File format

  1. Once you have sent us the total agreed payment, the final video file will be sent to you in an mp4 format.

Unfinished files

  1. 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 at a cost to you.

Disclaimer: liability limitation

  1. We make every attempt to provide quality crew, equipment and stock to ensure your work is completed in a safe and secure environment. However, we will not be liable for any loss or damages or a return of your payments because of these factors:a) unforeseen circumstances such as faulty stock, equipment malfunction, criminal activities such as theft of our equipment or other circumstances beyond our control; orb) restricted filming conditions, regardless of the reason including but not limited to restrictions imposed by you, the venue, natural disasters, unsafe shooting conditions, bad weather or issues beyond our control.

Indemnity

  1. To the fullest 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 or any third party’s use of any content created for you.

Additional shooting, editing & equipment

  1. 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 before you incur any fees.
  2. Once a final master has been agreed upon, changes can be made but will incur additional fees.

Changing your shoot date or work scope on the shoot date

  1. You can change your arranged shoot date up to 72 hours before the shoot without incurring a cancellation fee.
  2. Decommissioning parts of work after the shoot will incur a 20% cancellation fee of whatever part of the work is decommissioned. This fee is in addition to your deposit fee and any costs for work already completed. This is not a penalty; it is because we incur costs when we book shoots. We schedule extra crew when we have a shoot; cancelling them at short notice costs us because we need to pay their fees.
  3. Any change within 72 hours before your shoot the will result in you incurring a cancellation fee of $250.00 + GST. This fee is not a penalty but reflects our labour cost in preparation for your shoot.

Defective videos

  1. Resolving any problem you have with your video with minimum inconvenience to you is our priority. You will always be entitled to a refund if your video is faulty or not as described in the original brief.
  2. You must contact us with a detailed description of the problem with your video within 10 days of receiving your video. For example, if your file is damaged and you cannot open it or for any other reason.
  3. We may send you another copy of your file if your existing file is damaged.
  4. If we examine your video and determine there is a major defect,  you are entitled, within a reasonable time after delivery, to:
    • reject the video and receive a refund; or
    • reject the video and have us shoot an identical replacement, or
    • keep the video and receive compensation for the decrease in value caused by the problem.

Work delays

  1. For any work that remains unapproved for final production or completion for a period of more than 30 days, we reserve the right to terminate the production and invoice you for the work completed to date.
  2. We will take all reasonable steps on our part to get your project back on track.
  3. Should you experience unforeseen circumstances that may delay processing the job, you must notify us within 30 days of the date of your agreement so your production is not terminated.

Storage

  1. We keep all the files and production assets for your project saved on our computers for one month from the date we delivered your work, free of charge. After this time, we recommend archiving your files in case you need a change, a rebrand or an update at some point.
  2. We charge $100.00 excluding GST to archive your project (per 500Gb) for up to three years. Your file will be stored on a dedicated hard drive and kept in a fireproof safe.

PAYMENTS

Quotes and changes to the scope of your work

  1. All quotes are valid for 30 business days from the date of their issue.
  2. All quotes allow for up to two sets of basic changes to the final project works, whether video, design or editorial.
  3. We reserve the right to solely determine which changes are basic and which changes are not basic. For a change to meet the definition of a basic change, that change must not involve significant deviation from the original brief.
  4. Any changes made in excess of the allowable 2 basic changes or made after an element has been agreed by you, will attract additional charges of a minimum half-day rate for each set of changes.
  5. We reserve the right to impose additional charges for work that you request that is beyond the scope of your original proposal.
  6. Rest assured, where additional work will attract extra charges, we will discuss the scope of the additional work and any additional charges with you before any work is completed.

Your debit/credit card

  1. By making a payment, you confirm that you are authorised to use the credit/debit card that you are using.
  2. If the issuer of your payment card refuses to authorise payment to us,  we will not be liable for any delay or non-delivery.

Video blogging packages

  1. Before we start work on your video blogging package, you agree to the following payment terms:
    1. you can pay for your 12 month blogging package on a monthly basis or you can pay for the 12 month package upfront;
    2. We accept payment by direct deposit into our bank accounts or via Stripe by Credit Card.

General payment terms

  1. For projects under $5000 we require full payment within 7 days of quotation acceptance.
  2. For projects over $5000 payment is due to us 7 days from the date we issue you with an invoice unless otherwise stated:
    1. Production will only commence upon receipt of 50% deposit payment.
    2. Final mp4 files will only be released on receipt of 50% final payment.
  3. Late payments will incur a 5% p.a. late payment fee on the overdue balance from the due date for payment. Payments overdue by 3 months will be referred to a debt collector.
  4. Any parking charges, or where applicable taxi or Uber fares, incurred by the Deli Agency in relation to your production will be invoiced at cost post-filming.

Cancellation

  1. By accepting any quote from us, you have entered into a legally binding agreement with us and our cancellation policy is as follows:
    1. you have a 10 day cooling off period from the date you accepted our agreement and you may cancel without penalty during this time;
    2. a cancellation must be in writing and can be sent to us by email or post;
    3. no written cancellation, including ones sent to us by email or post, will be accepted without our written confirmation of receipt;
    4. if your written cancellation is received after the cooling off period, then you will be liable for all expenses incurred up until cancellation, these fees may include but are not limited to venue rental and equipment hire fees.

CREATING YOUR CONTENT

Copyright

  1. We do not accept any legal responsibility for any copyright infringements caused by materials that you submit to us for any work whatsoever completed on your behalf; this is your responsibility.
  2. 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.

 

Indemnity

  1. To the fullest 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 us or from our refusal to supply services to you.