Quotations are calculated by estimating how long it will take to provide the Services under typical circumstances and are based on an hourly rate. One round of Customer changes and/or revisions is included in each quotation. If the Customer instructs VH that significant changes and/or revisions to the scope of the Services described in a quotation are required then VH shall be entitled to charge an additional Agree Fee based on a further quotation.

If the Customer has engaged VH to provide Services on a specified date, the Customer may notify VH in writing (during normal business hours) that the Customer does not require the Services to be provided on that date (“the cancellation”).

If notification of the cancellation is provided outside of normal business hours, it is deemed to have been provided at the commencement of the following business day.

If the cancellation is made more than 48 hours prior to the day on which VH has been engaged to provide the Services, the Customer must reimburse VH for any expenses incurred by VH in preparation for provision of the Services.

If the cancellation is made between 48 and 24 hours prior to the day on which VH has been engaged to provide the Services, the Customer must pay 50% of the Agreed Fee.

If the cancellation is made within 24 hours of the time at which VH has been engaged to provide the Services, the Customer must pay the Agreed Fee in full.

If the cancellation is made while VH is providing Services to the Customer, the Customer must pay the Agreed Fee in full.

Any amount payable pursuant to the above clauses must be paid by the Customer within 30 days of the cancellation.

The Customer will pay to VH the Agreed Fee in the following manner: 50% of the Agreed Fee will be payable prior to the commencement of the Services (“the Deposit”); and The balance will be payable within 14 days of the date of any interim or final invoices submitted in respect of the Services; and VH will not commence any pre-production activities until the Customer has paid the Deposit.

If any VH invoice or part thereof is not paid within 30 days of the date of the invoice, then the Customer agrees that interest will accrue on the outstanding amount at the rate specified pursuant to Section 2 of the Penalty Interest Rates Act 1983 (Vic).

VH will provide the Customer with one (1) ‘draft copy’ of an initial edited video file. The Customer must notify VH of all proposed changes within fourteen (14) days of receipt of the draft copy by the Customer.

Once the proposed changes have been made, VH will provide the Customer with a ‘final draft copy’ which is to be used solely for the purpose of verifying that the proposed changes have been correctly implemented. No new changes may be requested unless the Customer purchases another variation.

The Customer must notify VH of any errors in the final draft copy within fourteen (14) days. Once the fourteen (14) day review period for both the ‘draft copy’ and ‘final draft copy’ has elapsed, VH may refuse to make any further changes.

The Customer acknowledges that some changes may not be possible.

The Customer must obtain any necessary consent or permission and pay any fees which may apply for VH to film at a particular venue, location or event.

The Customer acknowledges and agrees that editing an event and the production of finished works may include elements of artistic expression and interpretation. VH reserves the right to use ‘Artistic Licence’ in any commissioned works that require editing or the production of finished works. The re-editing of commissioned works is offered as an optional extra by prior arrangement. A quotation for re-editing will be provided by VH on request (see variations above).

All Materials are used and stored by VH solely at the Customer’s risk and VH is under no obligation to insure any Materials.

Neither VH nor any of its officers, employees, agents or subcontractors will be liable for any loss, destruction or damage (“Loss”) of the Materials other than loss caused by their negligence but any liability for such loss will be limited to replacement of the Materials;

VH will not be liable in respect of any Loss of the Materials arising out of the action of any person not employed or engaged by or associated with VH even though such person is present during and involved with the performance of the Services; and

The Customer must retain a master copy of each and every recording delivered to VH for the purposes of the Contract.

The Customer acknowledges and agrees that:

VH will have a lien on Materials provided by the Customer; and

No title (including any copyright) in the Services manufactured, produced, duplicated or otherwise provided by VH will be transferred to the Customer until the Customer pays all amounts due to VH in full.

The Customer acknowledges and agrees that upon payment of all outstanding invoices due to VH, the Customer is entitled to receive the finished works, but has no entitlement to the working files of VH.

The Customer acknowledges and agrees that the content, views and opinions expressed in the finished works produced for the Customer by VH are solely those of the Customer.

The finished works are intended to represent the opinion of the Customer and in no way reflect the views and opinions of CH, its employees and subcontractors.

VH reserves the right to sub-contract any Services that VH has agreed to perform for the Customer as it sees fit.

Whilst all reasonable care and preparation is taken for videography and editing, VH will not be liable for any compensation except for return of any Deposit paid, should a failure occur in all or any of the electronic equipment used or due to illness of the operators or person(s) employed or engaged by VH or because of an unforeseen event or any dispute regarding the ownership of recorded materials.

VH reserves the right to terminate the provision of Services, if: the videographer, or any person(s) employed or contracted by VH 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 VH terminates the provision of Services pursuant this clause then any Deposit paid by the Customer is non-refundable.

Should any of the circumstances outlined in this clause occur, VH may seek compensation from the Customer for any loss or damage suffered.

The parties acknowledge that, under applicable State and Commonwealth law, certain clauses, conditions, guarantees and warranties may be implied in these Terms and Conditions 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, VH 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 VH in writing, and the liability of VH for any such matters is hereby excluded.

Where (and to the extent) permitted by law the liability of VH for a breach of a Non-excludable Right can be limited, VH’s liability is limited, at VH’s 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, VH 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:

* Any increased costs or expenses;

* Any loss of profit, revenue, business, contracts or anticipated savings;

* Any loss or expense resulting from a claim by a third party; or

* Any special, indirect or consequential injury, loss, damage or expense whatsoever and howsoever arising.

If VH cannot carry out an obligation under the Contract either in whole or in part because of anything outside its reasonable control, including without limitation, fire, flood, storm, earthquake, explosion, accident, road or rail closures, rail derailment, wharf delays, war, terrorism, sabotage, epidemic, quarantine restriction, labour dispute or shortage, act or omission of any third person or public authority, then VH’s obligations under the Contract will be suspended for the duration of the event or waived to the extent applicable.

The Customer will be liable for any legal costs incurred by CVP in the recovery of unpaid invoices on an indemnity basis.

All information received by VH from the Customer, written or otherwise, will be kept confidential. Any private information will not be divulged or distributed to any third party without the Customer’s consent.

The laws of NSW apply to the Contract and the Customer must bring any proceedings against VH in a NSW Court.

If a condition or part of a condition is unenforceable, it must be severed from the Contract and does not make the rest of the Contract unenforceable.

VH is not bound by any waiver, discharge or release of a condition or any agreement which changes the Contract unless it is in writing and signed by or for V.

V reserves the right to amend these Terms and Conditions at any time. Amendments will be effective after the Customer has been given 7 days written notice.