© Art & Kisses 2021

Except as permitted by the copyright law applicable to you, you may not reproduce or communicate any of the content on this website, including files downloadable from this website, without the permission of the copyright owner.

The Australian Copyright Act allows certain uses of content from the internet without the copyright owner’s permission. This includes uses by educational institutions and by Commonwealth and State governments, provided fair compensation is paid. For more information, see www.copyright.com.au and www.copyright.org.au.

The owners of copyright in the content on this website may receive compensation for the use of their content by educational institutions and governments, including from licensing schemes managed by Copyright Agency.

We may change these terms of use from time to time. Check before re-using any content from this website.

Film & photography services

1. Videographer’s Responsibilities. Art & Kisses ("Videographer") hereby agrees to perform film and/or photographic services for Client at the Event specified above in a professional, workmanlike manner according to the prevailing standards in the industry ("Services"). Videographer may employ one or more assistants. Videographer is not responsible for the impact on the final product of any interference caused by guests or other vendors at the Event. Videographer will make every effort to obtain, but cannot guarantee delivery of, any specific shots requested by client because of Videographer's lack of control over the Event, its participants, weather, and any rules or restrictions of the venue or official conducting the Event.

If Videographer is exposed to (i) unsafe conditions, or (ii) objectionable or illegal acts at the Event, Videographer reserves the right to take reasonable action to remedy such a situation, including but not limited to leaving the Event. In such event, Videographer shall not be obligated to refund any of the fees paid by Client because of such action.

2. Deposit/Payment. A non-refundable deposit (that shall be applied toward the total fee for the Services and will be set out in the Payment Schedule) is due upon execution of this agreement, at which time Photographer commits to being available to Client on that date (subject to non-payment, reasonable emergencies and force majeure events, see Section 11). Remaining payments of the balance due for the Services shall be made as set out in the Payment Schedule. In the event that Client fails to remit payment as specified, Videographer shall have the right to immediately terminate this Agreement with no further obligation to refund money (including the aforementioned retainer), to attend the Event or to supply images.

3. Copyright. All footage and photographs taken by Videographer at the Event, in whatever form, are copyright protected.  Videographer will allow reproduction and publishing for personal use (eg. social media, wall hangings at home, facebook, blogs), but any sale or publication for profit without Videographer's express written permission is a violation of federal copyright law. Videographer retains Copyright in all footage and images taken at the Event. This clause shall survive the Term.

4. Term. The term of this Agreement shall commence upon the execution of this Agreement, and shall terminate upon Videographer's delivery of the final, Client-approved album layout (“Album”) to the Client, unless terminated earlier as provided herein.

5. Event Changes. Videographer must be notified immediately of any changes in schedule or location, at least 7 Days in advance of the scheduled Event date. If Client notifies Videographer by phone, a written (i.e. email) confirmation must be sent within 2 days of such notification. If the date of the Event changes, and notice is not given the period specified above, then Videographer shall be entitled to the retainer amount as liquidated damages for having to reschedule the event. The retainer amount will need to be repaid upon booking the new date, subject to Videographer's availability.

6. Cancellation. Upon acceptance of these terms and payment of the retainer, Videographer shall commit to attending the Event on the specified date, and shall make no other reservations for that date. If Client cancels the Event entirely, then Videographer shall not be required to repay any of the payments made by Client.

7. Delivery Date. The Album shall be delivered no later than 90 Days from the date of final Client approval/Event date.

8. Model Release. Client hereby agrees that Videographer may reproduce, publish, exhibit, and otherwise use images from the Event for instructional or marketing purposes without payment of any additional fee, provided there is no specific identification of persons or events appearing in the images.

9. Force Majeure. If Videographer is unable to attend Event due to fire, flood, casualty, strike, civil disturbance, war, terrorism, Videographer's sickness, or other acts of God beyond the parties’ control, then Videographer shall return all money paid by Client (including any retainer), and this Agreement shall immediately terminate.

10. Jurisdiction. The state and federal courts serving Western Australia shall have exclusive jurisdiction over disputes arising from this Agreement, and both parties here to consent to the jurisdiction of such courts.

11. Solicitor’s Fees. The prevailing party in any litigation or dispute involving this Agreement, or the Services performed there under, shall be entitled to recover reasonable solicitors fees, costs, and expenses arising from such litigation or dispute from non-prevailing party.

12. Assignment. This Agreement may not be assigned.

13. Indemnification. Client hereby acknowledges that Videographer may be limited by the guidelines or rules of the official performing the ceremony or the venue, and to hold Videographer harmless for the impact such restrictions may have on the final product.

14. LIMITATION OF LIABILITY.  VIDEOGRAPHER'S ENTIRE LIABILITY FOR ANY CLAIM, LOSS, DAMAGE, OR INJURY ARISING UNDER OR RELATING TO THIS AGREEMENT IS LIMITED TO THE FEES PAID BY CLIENT FOR THE SERVICES. IN NO EVENT SHALL VIDEOGRAPHER BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, EVEN IF CLIENT INFORMS PHOTOGRAPHER OF CIRCUMSTANCES THAT WOULD GIVE RISE TO SUCH DAMAGES.

15. Event Meals. Client shall arrange with the caterer for meals to be provided to Videographer and 1 assistant (if applicable).

16. Choice of Law. This Agreement shall be governed by the laws of the State of Western Australia, notwithstanding its conflicts of laws provisions.

17. Waiver/Miscellaneous. This Agreement represents the complete and entire agreement of the parties with respect to the subject matter herein, notwithstanding any oral or written representations to the contrary made before, during, or after its execution. Any amendments to this Agreement shall only be effective if made in writing that is executed by both parties hereto.

18. Protection of Deliverables/Retention of Files. Videographer shall take all reasonable steps to protect the footage that is recorded at the Event until such time as the Album is delivered to Client. Once the Album has been delivered, Videographer shall have no further obligation to preserve the footage or images of the Event, regardless of the form of media in which they are stored.

19. Promotion. I/we hereby give permission for Videographer to use my/our name/s and photographic likeness in all forms and media for advertising, trade, promotional and any other lawful purposes such as promotion and marketing.

Art & Kisses’ Terms and Conditions

Terms and Conditions
When placing an order with Art & Kisses the client accepts these terms and conditions. These terms and conditions are a part of every contract made between Art & Kisses for the provision of goods and services to any individual or company deemed ‘the client’ for the purpose of this document. These terms and conditions prevail over any written terms and conditions of the client. Any variation to the Terms must be agreed to in writing by a Director of Art & Kisses.

Payment
Art & Kisses reserves the right to charge a deposit of any job value, prior to job commencement.

Methods of Payment
Art & Kisses accepts – Cash, Direct deposit, Paypal, MasterCard and Visa.

Quotes
A quotation price will override list pricing provided the order is submitted wholly within the quotation time limit (default is 2 months) and the quotation matches the order. Any variation is at Art & Kisses’ discretion.

Discounts
Discounts are not cumulative and may be revoked if payment terms are not met.

GST
10% GST will be included in all invoices as required by Australian law.

Print sizing
All prints are borderless and print sizes specified are approximate and are listed in imperial and metric, sizes are rounded and can vary upwards of 5mm from described. Where there are no specific instructions cropping will be at Art & Kisses' discretion or full frame will be printed. Prints requiring mounting will require an additional 5mm on all sides greater than the substrate size required.

Service Times
Art & Kisses will use its best endeavours to ensure that orders are completed within the advertised service times but will not accept liability for damages or allow cancellation in the event of failure so to do. All service times are based on receipt of material from the client, which are clearly and correctly presented with all working elements required to produce the job. Service times shorter than advertised may be possible, and if required, may incur a surcharge to pay for penalty rate wages.

Liability
Every care is taken by Art & Kisses and our suppliers to safeguard material left by the customer for processing. In the event of any loss or damage to that material in any way whatsoever and for any reason whatsoever (including negligence of Art & Kisses or breach of copyright) whilst in the custody of AArt & Kisses its agents or subcontractors or whilst in transit back to the customer, such claim must be made within ten days of receipt and Art & Kisses’ liability shall not exceed Art & Kisses’ charge for processing the relevant service provided that this limitation of liability does not affect the other rights and remedies in respect of the service or product which the customer has under the Trade Practices Act 1974. There is no guarantee in respect of colour variation in the processed film or prints. All special instructions to Art & Kisses will not be binding on Art & Kisses unless confirmed in writing in a clear and precise manner.

Returns
Art & Kisses strives to provide high quality services, if the client is dissatisfied with service or products, returns must be made within 5 days of picking up the work. Art & Kisses will entertain all returns submitted in this time frame and evaluate on a case by case basis. Art & Kisses does not offer refunds in cases of change of mind, cheaper price found elsewhere or decided you no longer want it. If there is a mistake made in the production of the item, provided we have been notified within 5 days of picking up the work, we will replace the item with the correct item. A credit may be given to the client if this is unsatisfactory to all parties and providing we have been given every opportunity to satisfy the client’s reasonable requests within a reasonable time frame. All personalised items are non refundable.

Freight deliveries
Art & Kisses takes NO responsibility for lost post and WILL NOT reimburse or resupply items at our cost. All untracked shipments are made at the clients risk and zero liability for the item being lost by our carrier will be taken by us. If client’s shipment is lost we will remake the products at the clients request and cost at usual turnaround times.

Copyright
By placing an order with Art & Kisses, the client declares their right to reproduce all material supplied. The client assumes absolute liability for any resulting violation of copyright in any action brought by a third party. The client undertakes that they will keep confidential and not use any ideas communicated by Art & Kisses and its representatives without Art & Kisses’ written consent.

Storage of Uncollected Goods
Art & Kisses will not be responsible for storing any material, digital file or other media when the order has been completed. Any goods of the client that have not been collected within two months of completion of the work will be disposed of. Art & Kisses will not accept any liability for any loss or damage sustained by the client as a result of this disposal. While Art & Kisses will make efforts to contact a client regarding uncollected goods, Art & Kisses is under no obligation to succeed in informing the client prior to or after the disposal.

Change to Terms and Conditions
Art 7 Kisses may vary these terms and conditions at any time without giving notice.

Dispatch and Deliveries Policy

Art & Kisses will use its best endeavours to ensure that orders are completed within the advertised service times but will not accept liability for damages or allow cancellation in the event of failure so to do.

All service times are based on receipt of material from the client, which are clearly and correctly presented with all working elements required to produce the job, and are calculated starting on the day after all of the materials are received. Services times are based on working days, Monday to Friday. The final day of the advertised service time is when the product is ready to be shipped, and shipped if finished before 12 noon that day.

Service times shorter than advertised may be possible, and if required, may incur a surcharge (rush rates) to pay for penalty rate wages.

Art & Kisses’ Privacy Policy.

Art & Kisses is committed to keeping your information safe and secure. By engaging Art & Kisses services or using the Art & Kisses Website, you are giving consent to Art & Kisses to use your Personal Information in the manner set out in this Privacy Policy.

What information do we collect?
We collect information from you when you subscribe to our newsletter, respond to a survey or fill out a form.

During these steps, you may be asked to enter your name, email address, mailing address, phone number or credit card information. You may also visit our site anonymously

What do we use your information for?
– To personalise your experience (your information help us to better respond to your individual needs)
– To improve our website (we continually strive to improve our website offerings based on the information and feedback we receive from you)
– To process transactions (we will only use your information for the appropriate occasion for the purpose of delivering the purchased product or service requested)
– To send periodic emails and newsletters

Do we disclose any information to outside parties?
We do not sell, trade or otherwise disclose your personally identifiable information to any third parties. We may release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety.

How do we protect your information?
We implement a variety of security measures to maintain the safety of your personal information when you place an order or enter, submit, or access your personal information.

We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encryted into our Payment gateway providers database only to be accessible by those authorised with special access rights to such systems, and are required to keep the information confidential.

After a transaction, your private information (credit cards, social security numbers, financials, etc.) will not be kept on file for more than 30 days.

Contact Us
If you have any questions regarding this policy, please contact us at hello@artandkisses.com.au