All Clients agree by default to Normal 0 false false false EN-AU X-NONE X-NONE

these Standard Terms & Conditions, also known as T's & C's, by requesting our services.

Please feel free to contact us at info@directorscutstudios.com if you have any questions or need further clarification before proceeding.

Copyright

a) All digital assets (including but not limited to photos, videos, images, logos, virtual tours, slide shows, voice overs, floor plans, 3D walk-throughs, QR codes, embedded tours and codes, PDF information or on screen text and any other associated images or written material and any and all other content created by us) produced by Melbourne’s Finest 360 Photography/Directors Cut Studios remain the property of Melbourne’s Finest 360 Photography/Directors Cut Studios and any attempt to reproduce those digital assets or our own intellectual property without prior written consent, or final payment made for the product and associated service licences will result in a breach of Copyright with strict penalties being applied.

b) Melbourne’s Finest 360 Photography/Directors Cut Studios hereby assumes all ownership & copyrights to all digital assets. The client is granted a Use Licence to use these images for the marketing or promotion of their business on and offline. Said images may not be altered, watermark removed or used in any manner outside what is prescribed in this document without first requesting permission from Melbourne’s Finest 360 Photography/Directors Cut Studios. The client must obtain permission from and compensate Melbourne’s Finest 360 Photography/Directors Cut Studios prior to the client, its associates, friends or relatives re-distributing or selling digital assets in full or part for any reason not prescribed in this document.

c) Use Licence will be extended to our clients only after final payment has been received: any variation to the content supplied or any other component or variation of the delivered product after payment has been made is also prohibited.

d) Use Licence is extended to our clients only for the purposes of promotion and their own usage to promote their business as part of our terms and conditions and unless by prior arrangement and written consent, does not cover the use of the digital assets or intellectual property produced or provision to any other 3rd Party. (for example, if we produce images for a house for sale, the licence extends only as long as that property is in the initial sale period. Once sold the licence expires. Those images require another Licence to use those same images in the advertising of the property as a rental property.) A 3rd Party Use Licence would need to be granted at an additional negotiated fee for an extension of Use Licence to a 3rd Party and for each instance thereafter. Also, a 3rd Party can contact us directly for any requests at the agreement of the client.

e) Melbourne’s Finest 360 Photography/Directors Cut Studios are the original copyright owner, retains copyright and reserves the right to utilise any of its above-mentioned digital assets for their own promotional and marketing purposes. This may include but not limited to website content, flyers, promotional emails, case studies, brochures, Facebook, Instagram, YouTube etc.

f) All digital assets will remain the property of Melbourne’s Finest 360 Photography permanently and cannot be reproduced, duplicated, copied, altered, or used in any other format and as such, a Copyright breach may occur and be legally dealt with accordingly.

Written Agreement

a) All correspondence via email will constitute the equivalent in writing between the parties and facilitate the agreement to provide our services and the acceptance of these terms and conditions, product and pricing as per quotation. Package prices often include heavily discounted prices on digital assets. We reserve the right to charge our current regular pricing for these post tour or post quotation services.

b) This includes any services provided by Melbourne’s Finest 360 Photography/Directors Cut Studios initially at no charge to the client in lieu of confirmation and condition to agreement for the upgrading of a Virtual Tour(s) and or associated component product & services and agreed to be provided by the client for upgrade at a later date. If the upgrade to the Virtual Tour and or associated component product & services including Photography, Floor Plans, Voice Overs, Hosting Fees and any other component product & services associated as part of the upgrade arrangement are not provided to be upgraded within reasonable time as set by Melbourne’s Finest 360 Photography/Directors Cut Studios, then we reserve the right to charge for all of the original product & services initially provided in breach of this arrangement.

Payment Terms

a) Payment can be made by cash or Bank EFT (Electronic Funds Transfer). BSB and account details will be made available on the Invoice.

b) Our terms for payment are a $150 non-refundable deposit (except by prior arrangement), paid at the time of booking.

c) A refundable (minus $150) 50% of estimation (except by prior arrangement) if over $500 to show commitment to the project and secure a booking time. Full payment of balance is expected within 5 working days from date of the Invoice unless a prior agreement has been reached or otherwise specified.

d) Failure to pay the Invoice after a reasonable time being: (5 working days) from the date of the Invoice, will result in a friendly reminder email being sent requesting payment on the same day as the courtesy reminder email.

e) If the invoice has not been settled by close of business on the date of the courtesy reminder email, then an additional $25 admin fee will be add to the invoice and a further 5 working days will be granted to pay. An email will be sent with new invoice and payment schedule of a further 5 working days from the end of the first invoice.

f) If payment has not been received by the total time of 10 working days from the original invoice date another $25 admin fee will be added, a third updated invoice sent by email. A Letter Of Demand will also be issued with a further 5 working days to pay.

g) If payment has still not been received, we reserve the right to pass the debt onto professional collectors or pursue the debt in the Victorian Courts. We reserve the right to include any and all related expenses including but not limited to all legal and court costs in relation to the recovery of the debt and save without prejudice.

h) Disconnection of all digital assets and Virtual Tours and their components will occur until payment can be facilitated, a fee of $250 will be imposed to cover administration costs. Melbourne’s Finest 360 Photography/Directors Cut Studios will not be liable, or no claims will be honoured for any loss as a result of failure to make payment and subsequent disconnection of the above.

i) Images will be watermarked until the remaining balance has been paid, which will enable full delivery of the Product.

j) Please note we charge for the Agreed Photo Shoot - for example if we send/deliver you the 5 photos (without watermark) that you requested and are happy with, but decided not to use them in your or your clients marketing and/or advertising. The fees on the invoice for the shoot still need to be paid. All the requested digital assets, photos, video or 360 Virtual Tours, which have their watermark removed and delivered need to be paid for whether you or your client uses them or not.

Presentation

a) Melbourne’s Finest 360 Photography/Directors Cut Studios requests that someone assist us on the day of the shoot where needed for a smooth operation and to assist in the areas of communication with relevant staff, residents or vendors. We would require that we have unlimited access on the day for the scheduled time, or by prior arrangement.

b) We advise our clients that presentation is paramount and in direct proportion to the results of the Digital Assets.

c) We advise that any outdoor areas such as car parks, shop/premises street frontage & gardens etc be groomed beforehand and that the interior of the premises is as presentable, neat & tidy as possible with the removal of confidential or unwanted items. Our photographers have an eye for detail and the best at what they do, therefore minor rearrangements may be necessary on the day of shooting, but all presentation aspects should be completed prior. Presentation is the total responsibility of the client.

d) Re-shoots based on poor presentation initially, will attract further charges inline with our postponement & cancelation policy.

e) Shoots taking longer than the pre-booked time slot (usually and by default is 90mins) will be additionally charged by our hourly rate.

Real Estate Presentation

a) Sales & rentals – Please have the property ready for the shoot at the agreed time. It is the agents responsibility to check with the vendor at least 24 hours prior to the shoot to check they are ready. If not a reschedule will be necessary inline with our postponement and cancellation policy.

b) Sales & rentals – It is the agent/vendors responsibility to ensure the property is presented in a manner they are happy to do the shoot. Our photographers, although great at what they do, they are not interior designers and can not be expected to move furniture, bins, clear worktops or bathrooms etc.

c) Sales & rentals – It is the agent/vendors responsibility to raise all blinds and turn all the lights on and to check the property is ready shoot. We recommend the vendors leave the photographer for an hour, depending on the size of the property so they are not distracted and miss the Money Shot.

d) Sales & rentals – Time beyond the 90 minutes scheduled allocation time will be charged pro rata in 30 minute increments.

e) Sales & rentals – Extra photos beyond the number requested in the shoot type (Day time, twilight, rental etc) will be charged at $29 per photo.

Business Shoot Cancellation Policy

a) All bookings once confirmed and accepted by Melbourne’s Finest 360 Photography/Directors Cut Studios will be hereby bound by these terms and conditions and if the booking is cancelled by the client, we reserve the right to charge a non-refundable cancellation fee of $150 for cancellations to reasonably cover costs.

Real Estate Shoot Cancellation Policy

a) All bookings once confirmed and accepted by Melbourne’s Finest 360 Photography/Directors Cut Studios will be hereby bound by these terms and conditions and if the booking is cancelled by the vendor or real estate agent, we reserve the right to charge a non-refundable cancellation fee to the amount of the total shoot for cancellations made within 24 hours prior to the shoot appointment, to reasonably cover costs. Cancellations made before 24 hours carry no charge. All cancellations must be in writing prior to the commencement of services.

Postponement Policy

a) Confirmed Bookings can be postponed provided that they are completed and a new date has been booked within 30 days of the original booking date. No deposits or down payments will be refunded. Postponements that exceed this time frame will be considered as a cancellation and the above cancellation policy will apply.

Subjects

a) All persons including clients. their staff and the general public, by default give their willing consent to actively partake in the creation & production of digital assets. Melbourne’s Finest 360 Photography/Directors Cut Studios accepts no responsibility for those captured in any images without consent, nor accepts responsibility for images depicting deceased persons.

General

a) Whilst every care is taken in our undertaking to satisfy our clients in producing digital assets, Melbourne’s Finest 360 Photography/Directors Cut Studios will not be held responsible or liable for any claims of damage, delays in production, unforeseen circumstances, injury, disputes regarding payment, pricing, or any services or product related disputes or delivery of the products outside of the nominated or approximate time frame as a result.

b) Upon engaging and accepting Melbourne’s Finest 360 Photography/Directors Cut Studios services it will deemed that these Terms and Conditions are accepted and form the Agreement between us, Melbourne’s Finest 360 Photography/Directors Cut Studios the (Service Provider) and The Individual, Customer, Client or Business.

c) Our service and pricing as per quotation is final and alterations can be made to digital assets upon completion for purposes of client satisfaction and customer service, within reason and within 3 working days of initial delivery. Where Hourly Pricing is Quoted, it is based on ‘part there of’ and not by the Minute, so if your job is 4 and 1/2 Hours in Total, you will be charged for 5 Hours as the 5th Hour has been entered into.

d) Any product or services associated and initially agreed to and accepted as a Package Deal, often at below normal individual retail pricing, will attract the full individual retail price for that product or service if not completed as intended. Individual pricing will apply if not completed as a Package Deal.

e) Once the product or any of the above mentioned variations of or altered versions of, has been delivered, we offer no refund at any point or accept any claims for loss or damage of any kind, as our digital assets consists of providing a service, our time, onsite time, editing, production, hosting fees, travel costs and presentation, all form the process and provision of the final product.

f) It is up to the client (being the Individual, Customer, Company or Business) to asses prior, all presentation, features and technical aspects of our digital assets and not after our digital assets is/are delivered to avoid any misunderstanding, as no claims will be accepted after the engagement of our digital assets and after the subsequent delivery and includes all and any post production requirements such as: a variation of the delivery of the original

Delivery

a) In most cases the initial delivery time will be between 5-7 Business Days, for all business services and 24-48 hrs for initial real estate photos delivery. If our Photographic Services are included as part of our low price package to our clients, then it is more likely to be appx 7-10 Business Days, and is subject to demand at the time, requests for alterations or circumstances beyond our control which may see the above estimates expanded within a reasonable time frame.

b) Delivery of the final Virtual Tour product may include a hyperlink, HTML5 code snippet, virtual tour video version, photographs, QR code, floor plan, voice over, PDF or on screen text information to be given to your IT person or Website Developer and it is an easy procedure for them to implement the Virtual Tour to a website or chosen website location, the tour may also be provided with Embedding Codes which is Java and HTML5 compliant, should you wish to embed the tour on your website or chosen website location. Once any of these formats or all of the above have been delivered, this will finalise the initial agreement for production and delivery of the product and deemed as final and complete and will be accompanied by an Invoice or in some cases, final payment of the invoice will enable delivery of our products.

c) Further post production requests after the initial delivery of the product and after 3 working days, unless through fault of our own, will attract further fees at $149.00 per hour or part thereof for post-production requirements. Any additions to the Virtual Tours can be arranged at a later point in time, such as the inclusion of photographs, hot spots, new features, upgrades or changes in details, at very reasonable prices.

Additional

a) The virtual tours built are offered as a commercial solution “as is” backed by our exceptional customer support and service. Like all virtual tour providers, there is no way of knowing how web technology will develop in the future and how that may impact the functionality of tours. We will strive to work with you should such situations arise, but these changes are beyond our control at the time of delivery. In no event will Melbourne’s Finest 360 Photography/Directors Cut Studios be liable for loss of data, costs of procurement of substitute goods or services or any special, consequential, or incidental damages, under any cause of action. Melbourne’s Finest 360 Photography/Directors Cut Studios will have no liability arising out of this agreement.

Virtual Tour Hosting & Time Frame

a) Melbourne’s Finest 360 Photography/Directors Cut Studios agrees to process and host the created Virtual Tour Space(s) on third party, external cloud-based servers, for a period of 6 full months from the date on your signed contract. At the end of the 6-month period, a new hosting period will commence, and we will Invoice you, as agreed. The half yearly fee of $95 (can/will increase without notice) for clients payable every 6 months after the first 6 months free and then for the life of the tour. If this is not paid the Virtual Tour Spaces can/will be removed from the server and no longer be available. In most cases this is a permanent deletion and client will have to pay the full price to return to the business and re-capture the Virtual Tour at the cost of the client. Hosting fees are no-refundable.

b) The hosting of 360 Virtual Tours is provided by various third-party tour software hosting providers. Liability for the hosting remains with the client and Melbourne’s Finest 360 Photography/Directors Cut Studios accepts no liability for the 3rd party hosting providers, which may cease to trade, go into administration or change their terms & conditions without notice to Melbourne’s Finest 360 Photography/Directors Cut Studios or the client. The length of hosting is as defined in the product description of the package purchased, typically 6 months from the date on your signed contract. Hosting can be extended for an additional non-refundable cost, as above.


c) It is the client’s responsibility to request the extension of hosting prior to the end of the agreed period. Alternatively, the client may arrange their own Hosting account and the fully delivered virtual tours may be transferred from Melbourne’s Finest 360 Photography/Directors Cut Studios account to the client’s account. The Hosting Files can be made available for Clients from a starting price of $795.00 for Virtual Tours (non GSV) up to 100mb in size and $99 per each subsequent 100mb in size of the Tour file(s). Please submit a request via email to hello@melbournesfinest360photography.com or info@directorscutstudios.com

d) In the event of our client changing ownership of business then we will renegotiate with the new owners at the appropriate time to ensure the tour remains an asset for the business. Clients need to give a minimum 30 days’ notice prior to the next hosting period commencing if the hosting is to be cancelled, as the hosting is paid by us in advance to various third-party companies.

e) All Google products, services & imagery such as, but not limited to Google Business Profile photography, either standard photos or 360 Panoramic images, Google Street View Virtual Tour, Google Street View Trusted Photography, Google Business Profile, Google Maps, Google Local Guide, Google Search, Google Earth etc are bound by Google’s terms and conditions and may change at any time without notice. Melbourne’s Finest 360 Photography/Directors Cut Studios accepts no responsibility for imagery or digital assets posted to the various Google Services & Products.

f) Melbourne’s Finest 360 Photography/Directors Cut Studios has no control over Google Street View Virtual Tours or 360 Panoramic images once they have been uploaded to the clients Google Business Profile. Google Street View Tours need to be authorised by Google before the various 360 Panoramic images are linked. This can take anywhere from an hour to over a month. This is totally out of our control, so please be patient.

g) Melbourne’s Finest 360 Photography/Directors Cut Studios cannot be held responsible for various online service providers such as but no limited to web hosting platforms, (Wix, GoDaddy, Squarespace, Hostinger, WordPress etc) social media platforms (Facebook, Instagram, TickTock, YouTube etc) may have their own compression algorithm which can and will degrade the quality of digital assets on such platforms when uploaded.

Travel Costs

a) Travel costs incurred will be included in the Invoice as will any accommodation costs (overnight accommodation fee’s). For shoots more than 30kms from our base in Mordialloc a further cost of $50 and $0.30 per km will apply for services provided. An additional $50 is also added if we have to navigate in or through Melbourne’s CBD or have to cross the Westgate Bridge. This is to cover additional time and/or road toll fee's.

Backup & Storage

a) Due to privacy and the immense storage size of digital assets, Melbourne’s Finest 360 Photography/Directors Cut Studios do not maintain a backup copy of any of our clients digital assets beyond 3 business days from invoice date. All media backups are the total responsibility of the client. We recommend all clients to have at least 2 backup solutions in case of failure. For example, external hard drive & a cloud backup.

b) All digital assets will be irretrievably destroyed after this 3 day period. A re-shoot will incur standard fees as per the time of the new shoot. We highly recommend all our clients have at least 2 backup copies of all their digital assets, with one, preferably in the cloud.

b) Short term & long term backup solutions can be provided if needed. Costs are totally dependent on size of media and length of backup solution required. Please send us an email to request a quote.

Melbourne’s Finest 360 Photography/Directors Cut Studios reserve the right to update these terms & conditions at anytime without giving notice to their customers and clients. Please check back from time to time to acquaint yourself with any changes and or amendments.