Terms & Conditions of Services
Effective January 1 2022
Vidorra Visuals is committed to a policy of creating content that does not discriminate on account of ethnicity, age, sexuality, gender, physical or mental disability, or religion. We will enforce this policy and uphold the right to refuse or alter projects containing discriminatory content.
1.0 Application of Terms & Conditions
1.1 Vidorra Visuals Pty Ltd (“Vidorra Visuals”, “our”, “we” or “us”) agree to provide our services in a professional, skillful and legally compliant manner.
1.2 We are willing to provide our services to the client (“the client” or “you”) in relation to a project detailed in the proposal or quote addressed to the client and sent from Vidorra Visuals.
1.3 By accepting a proposal from us and agreeing to the terms and conditions listed on this page of our Site Vidorra Visuals and set out by us in email, you then agree to form a binding agreement between us.
1.4 Both parties are expected to complete their obligations during the term in which service is provided by Vidorra Visuals. The rights and obligations under the agreement will survive the expiration or termination of the agreement.
1.5 In the event of any inconsistency between this agreement and the proposal, the terms of this agreement will prevail to the extent of the inconsistency.
2.0 Booking Confirmation, Final Payment & Payment Terms
2.1 Once you have accepted the proposal via email, we will send you an invoice via email for a non-refundable booking fee of 50% of the total project fee. Depending on how early in advance you have booked us, the payment must be made either in 7 days or 1 month prior to the shoot date.
2.2 You have the option to pay via bank transfer or cash. NOTE: Dates cannot be reserved without payment. We will not commence providing our services to you in relation to a project until we receive the deposit from you.
2.3 An invoice for the remaining balance will be sent to you upon completion of the final project and is to be paid 7 days from the date of the invoice. We will retain all files and content from the project until the balance has been paid.
3.0 Travel Fees
3.1 If you choose to hire Vidorra Visuals for a project that requires us to travel domestically or internationally, you agree that travel fees will be covered by you.
3.2 Travel expenses, including airfares, accommodation, car hire and meal allowances, will be discussed and invoiced on a case-by-case basis.
4.0 Audio
4.1 We strive to provide high-quality audio and make every effort to prevent unusable audio, however, issues such as equipment failure, technical problems, environmental factors, or other disruptions beyond our control may affect the sound quality. Due to these factors, we cannot guarantee the availability or quality of raw audio recordings during live events and cannot be held liable for any disruptions.
5.0 Music Licensing
5.1 Audiovisual Content Supplied by the Client - Prior to supplying audiovisual content to Vidorra Visuals, you are responsible to verify:
Ownership of the rights to reproduce the supplied content.
If any of the supplied content is copyright protected.
5.2 Audiovisual Content Supplied By Vidorra Visuals:
We source content and guarantee that all copyright related expenses or credits are covered within the proposal of your project.
When a background music track is required we can source a suitable track from a royalty-free music library and provide a license for usage in the finished video. Fees apply when purchasing a license from music libraries.
Please note that due to copyright laws we can not use commercial songs under any circumstances.
Note: copyright and licensing are not the same thing, you may have a license to distribute content but not have the right to distribute copyrighted content without having sought approval from the artist or record label directly.
In summary, copyright is the legal protection of an original work, while licensing is the granting of permission to use that work in specific ways.
6.0 Revision Requests
6.1 We will provide you two rounds of revisions. If you require more than two rounds of revisions this will incur additional editing fees.
6.2 Please note, all our preview edits and subsequent preview edits will have a watermark of the Vidorra Visuals logo, this is later removed upon final payment and delivery of final video.
6.3 Once the preview edit has been approved by you, we will send you the final payment invoice.
6.4 After payment has been received in full, a copy of the finalised high-resolution video will be delivered as a digital file to the provided client's email address.
7.0 Raw Files
7.1 We will retain any raw video footage, other files and materials created for the project for up to 3 months, beginning from the production date (the shoot day). After this time frame, we have the the right to delete all the raw materials.
7.2 If you wish to purchase the raw materials prior to them being deleted by us (as this is not included as part of the final deliverables), please let us know in writing and we will provide you with an invoice.
7.3 The cost to purchase the raw footage is 15% of the total project fee.
7.4 This fee grants the client access to the raw files and the permission to use it at their discretion.
8.0 Copyright Ownership of Finalised Video
8.1 Upon receipt of final payment from you:
You have the right to use your finalised high-resolution videos and photography online and offline, and to transfer it to any other digital format without any restrictions.
You are not permitted to edit or manipulate the finalised project in any manner.
9.0 Credits & Promotional Use
9.1 Unless you advise us in writing, we have the right to use and publish any finalised video or photography in the public domain for marketing, promotional and demonstrative purposes. This includes digital portfolio, websites and social media pages.
9.2 Where possible, you will provide us with credit for authorship on all reproductions, distribution, communications or other exploitations of the final deliverables.
10.0 Rescheduling & Cancellations
10.1 You must inform Vidorra Visuals of the desire to reschedule or cancel production activities within 7 days of the scheduled production date.
10.3 If Vidorra Visuals reschedules a scheduled production date, we will contact you within 7 days of the scheduled production date to reschedule the production day around your availability.
10.4 If you wish for us to cease working on a project, we will invoice you for our services performed up to the date of termination as well as any applicable expenses that we have incurred or are due to incur before the date of termination.
11.0 Refund policy
11.1 Vidorra Visuals will not provide any refunds on the basis that you changed your mind, you misused the product or service in a way that materially contributed to the problem, you asked for a service to be done in a certain way against the advice of Vidorra Visuals, you were unclear in what you wanted despite requests for clarity, or there was a problem with the service or with delivering the service that was completely outside the business’ control.
11.2 We agree to refund your booking fee if there was a technical fault with the recordings or an error occurred that was within our reasonable control.
12.0 Indemnity Terms - Damages & Losses
12.1 For each project, you agree to indemnify us for any direct, reasonable and identifiable loss, damage, claim or expense (including legal expenses on full indemnity basis) (loss) caused by you or any of your agents, representatives, directors or employees arising out of:
A material breach of this agreement by you; or
Damage to any property owned by us throughout the course of the project.
12.2 Vidorra Visuals reserves its rights to refuse use of any client or client representative’s equipment (including software), if such equipment exposes Vidorra Visuals’ property to risk of loss or damage, or is unsafe.
12.3 Whilst every effort is made to ensure reasonable security, Vidorra Visuals accepts no liability for loss, theft or damage to client property or recording/backup media. All care but no responsibility will be taken during the process of transfer.