Purchase Agreement
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE PURCHASING
These Terms and Conditions may be varied at any time, with or without notice to you, at our sole discretion. You accept that these must be read in conjunction with the current Terms and Conditions available at availssocal.com. Our terms and conditions apply to all previous, current and future clients.
INTERPRETATION
Unless expressed to the contrary, in this Agreement:
a. words in the singular include the plural and vice versa;
b. any gender includes the other genders;
c. if a word or phrase is defined its other grammatical forms have corresponding meanings;
d. “includes” means includes without limitation;
“Avails”, “Avails Social”, “availssocial.com” or the “Company”, refers to the Avails Social Pty Ltd.
“You” or the “Client” refers to the purchaser of the Service.
“Content Creation” or the “Service” refers to all on-site content creations services, including (but not limited to); photography, videography, sound recording.
“Content” refers to the production of photography, videography and sound recording as a part of the Service.
“Copyright” refers to the legal owner of Content including but not limited to logos, branding, trademarks and intellectual property
ENTIRE AGREEMENT
Avails Social Pty Ltd and the Client acknowledge that this agreement contains the entire understanding between the two parties. It supersedes all prior and simultaneous agreements, and the only way to change or add to this agreement is to do so in writing.
PURCHASES & PAYMENTS
All Content Creation packages must be purchased from our website, availssocal.com and payment must be made in full at the time of purchase.
All payments are in Australian dollars and are inclusive of GST. An invoice will be sent to you to confirm your purchase.
RESERVATIONS
Upon your purchase of a Content Creation package, you will be able to make a reservation of your preferred time for the delivery of Services. Avails Social reserves the right to change booking times, with 24hrs notice given to the Client.
CANCELLATIONS
The client may cancel the Service with 24 hours written notice and receive a full refund. After that, no refunds will be given for the cancellation of Services. Please email all requests for cancellation to hello@availssocial.com.
PRESENTATION OF LOCATION
At Avails Social, our objective is to capture the content that is available onsite, at the Client’s location. The Client will solely be held responsible for the presentation of location, products and services to be featured within the captured content. Avails Social will not be held responsible in any way for the representation and presentation of the location, products and services captured within the content.
LOCATION ACCESS
The Client acknowledges that as a part of performing the Service, Avails Social team members will need to be granted access to the Client’s business location during the hours of business operation, therefore a commitment to positive cooperation will be essential.
The Client agrees to provide a safe and secure working environment for Avails Social team members to perform the Service. If such an environment is not provided by the Client, Avails Social and their team members reserve the right to cancel the Service without notice and with immediate effect.
If such an occasion occurs, the Client may forego part of, or their whole booking fee for the Service. Avails Social, at its sole discretion, may allow the Service to be rebooked if the Client is able to make the working environment safe.
Whilst on site, the Avails Social team members will make every attempt to limit the disruption to the Client’s normal business operations, whilst performing the Service. However, Avails Social Pty Ltd will not be held responsible for any loss of sale of business incurred by the Client due to the Service being performed.
CONTENT EDITING
As a part of the Service, Avails Social will perform a basic edit on your content, based on the stylisation you selected through the purchasing process. No other editing or manipulation of the Content will be provided as a part of the Service. The Client acknowledges that Avails Social has no further responsibility towards the editing or manipulation of the Content supplied.
COPYRIGHT
As part of this agreement you agree
a. We shall be entitled to make digital copies of the Content and to encode such copies with metadata, watermarking and digital rights management software and to store such copies on our Service, for the purpose of exercising the rights granted to us under this Agreement and compliance with any laws (e.g. data retention). We may suspend or remove Content from the Service in our sole discretion for any reason if we believe copyright surrounding the content has been breached. We may retain server copies of the Content for the duration of this agreement.
b. To the extent that you have any moral rights in the Content, you agree, and you will ensure that all other third parties who may hold moral rights in Content agree, not to assert those moral rights in respect of the use of the Content by us in accordance with this Agreement.
c. As between you and us, you retain ALL ownership of copyright that you may have in the Content subject to the rights granted to us under this Agreement
d. For the avoidance of doubt, if used, you must ensure that you have obtained any and all rights of broadcast, communication, diffusion and other related neighbouring rights in the Sound Recordings for use on the Service and Avails Social will not be required to license or pay for such rights from any third parties including performing rights organisations, recording artists, performers or record companies.
TRANSFER OF COPYRIGHT
Once basic editing is complete, Avails Social will upload the Client’s content files to an online database and make the content available for the Client to download. Once delivered to the Client, ownership of the captured content shall transfer from Avails Social to the Client without restriction as per our Delivery of Goods clause outlined in our Terms and Conditions.
TALENT RELEASES
Avails Social acknowledges that its team members may appear in the Content delivered to the Client. Suitable agreements are in place for Talent releases to be granted to the Client by all Avails Social team members.
It will the Client’s responsibility to obtain talent releases from staff, customers, clients or the general public who appear in the Client’s content.
USE OF CONTENT
Avails Social reserves the right, without limitation or risk of reprisal from the Client, to use any content captured within its own marketing, advertising and/or promotions. It is understood that Avails Social may display and use the Content created for advertising, display, website and internet promotion, social media advertising, editorial television advertising, magazine advertising and any other purpose thought proper by Avails Social.
STORAGE OF FILES
Avails Social will store and make the Clients files available for 14 days post the delivery of the Service. It is the Clients sole responsibility to download and store their files appropriately within that timeframe.
LIMITITATION OF LIABILITY
Avails Social takes the utmost care with respect to the creation of photo and video Content. However, in the unlikely event of the Client’s content being lost, stolen or destroyed for reasons within or beyond Avails Social’s control, the latter’s liability is limited to the return of all payments received for the event package. The limit of liability shall not exceed the contract price stated herein. The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals.
NON-GUARANTEE
Although every possible care will be taken to produce high quality Content within the purchased timeframe, Avails Social cannot place an unconditional guarantee on the outcome of the Service. The Client acknowledges that the outcome of the Service and Content created will vary from shoot to shoot, and that Avails Social will not be held responsible for outcome of the above.
SEVERABILITY
If any provision of this agreement is held to be invalid or unenforceable under the law, the validity of this agreement, as a whole shall not be affected, and the other provisions of the agreement shall remain in full force and effect.
WARRANTIES & INDEMNITIES
You warrant and agree that:
a. you have read the Terms and Conditions and have the right and capacity to enter into and perform this Agreement.
b. at your sole cost, you have obtained all necessary licences and approvals in relation to the Content from and in respect to:
(i) all performers, writers and other contributors to the Content;
(ii) if music appears in your Content any and all synchronisation, reproduction and communication rights in the Music from the owners or controllers of the Music; and
c. the exercise by us of our rights under this Agreement will not infringe the copyright or any other rights of any third party, or any law;
d. the Content does not contain any unauthorised third-party material or material which is defamatory, obscene or in breach of any law or infringe the right of any person including any rights of privacy or copyright;
e. you will not engage in disruptive, malicious or destructive behaviour in relation to the Service nor engage in any action which is intended to or would reasonably be expected to disparage us, viewers the Service or any of our employees or contractors;
The Terms and Conditions of this Agreement may be executed in counterparts (including electronic copies of the Agreement and electronic transactions), each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement.