Terms and conditions of Services provided by GB Photography
1. This document, hereinafter referred to as T&C defines rules by which GB Photography is performing Services in Australia. T&C also defines the rights and obligations of both the Customer and GB Photography. T&C may be supplemented with additional provisions agreed with the Customer when booking a specific Service. The performance of any Service by GB Photography is subject to the acceptance of T&C by the Customer. By accepting T&C Customer undertakes the responsibility to fully comply with them.
Terminology
2. Customer is a person representing either itself or business or a Government Office and is responsible for placing and maintaining orders on their behalf. Customer declares that the business Customer is representing is not in state of liquidation or bankruptcy and is fully capable to fulfil any financial liabilities related to all orders placed. The Service is a performance of work by GB Photography in order to record photographs or video or digital sound or their compilations, using equipment and resources appropriate to the needs and in accordance to the Customer’s order or specification. The result of this work is referred to as the Product.
Processing of personal details
3. The administrator of personal and / or non personal data provided by Customer is GB Photography, ABN 12324389807, 45 Adelaide Terrace, East Perth WA 6004, Western Australia. Customer data will be processed in order to answer Customer inquiries and analytical purposes, in order to carry out all activities related to Services provided and to maintain contracts, invoicing and orders. Customer data will be kept for the period of time necessary to implement legally justified interests arising from the contract until the end of its performance and the expiry of the limitation period for any contractual claims. The Customer has the right to request access to their data, rectification, deletion as well as the right to transfer their data. The scope of data collected and processing practices meet the Australian Privacy Act 1988 (Privacy Act) obligations.
Ordering of Services
4. Customer agrees to provide all the details of Service desired, including known circumstances that could prevent the Service performance. Responsibility for the identification of places, objects or people of whom specific photographs, video or sound are desired shall be borne by the Customer. Customer is also responsible for the accuracy of the details provided and information necessary to perform the Service under risk of refusal or cancellation of Service.
5. By ordering GB Photography’s Services Customer is granting GB Photography the permission to photograph a subject, items, persons, pets, devices, machinery, cars, boats, land, buildings or a property and its surroundings for the purpose of publishing of the photos by Customer for their business activity, which includes images recorded in the form of interior, exterior or aerial types of still photographic or video images. Customer must possess legally obtained permission or consent of the people or the owners of property or the land being the subject of the photographs. GB Photography holds the right to request from the Customer a copy of such permit for review.
Delivery of Product
6. GB Photography undertakes to deliver the Product or Products in accordance with Customer Order and within the provided Product specification. With the exception of physical Products such as paper prints, canvases, photo albums or other physical media, all photos, videos, sound, audio-visual compilations and other digital artwork Products are delivered by GB Photography electronically in the form of computer files.
GB Photography’s obligations
7. GB Photography obligation is to perform the Service or series of Services in the best possible way, taking into account the specifications resulting from the Customer Order. GB Photography undertakes to meet any deadlines, including the deadline for delivery of the Product. GB Photography applies the principle of trusting in the good intention of the Customer, but reserves the right to suspend the release of the Product until the amount due for the Service is fully paid.
Intellectual property
8. Unless otherwise agreed with the Customer, all copyrights to the finished Product belong to GB Photography in accordance to Australian Copyright Act 1968 and international copyright laws. Unless otherwise agreed with the Customer, GB Photography grants the Customer a license to use the Product for promotional, educational or personal use. The Customer can freely publish photos or videos in the press or other publicly accessible media, provided that a description of the Product is attached indicating its author. The correct description is: “author: GB Photography Australia”. A breach of copyright may be reported by GB Photography to the Australian or international Justice Authority. The Customer is not entitled to profit from the sale of duplicates, rental, distribution, or charging for the projection of the Product, either in part or in whole. The Customer may purchase copyrights from GB Photography under a separate agreement. Unless otherwise agreed GB Photography has the right to use the Product for advertising or promotional purposes for its business related activities. The Customer has the right to request GB Photography to refrain from publishing the Product for justified reasons.
Service costs
9. GB Photography guarantees that the Customer will not pay more for the Service than the amount agreed within the framework of initial order. GB Photography retains also the right to apply additional fees incurred during the performance of the Service within justified circumstances. The additional fees may include travel fees or fees for the use or rental of additional equipment or human resources that go beyond the standard framework of photographic or audiovisual Services and without which the performance of the Service may become impossible or in the event of the need for other justified activities requiring additional costs on the part of GB Photography necessary to perform the Service, not resulting from the content of the initial order. GB Photography is obliged to inform the Customer if such a cost may appear. The Customer is obliged to pay such costs or fees if he accepts them. GB Photography has the right to withdraw from the obligation to perform the Service if the performance of Service exceeds the framework or cost agreed with the Customer in the content of the initial order.
Random events and unpredictable circumstances
10. Both GB Photography and the Customer declare that they will make every effort to ensure that the Service is performed in a manner that satisfies the purpose of the Service. If there are circumstances forcing either party to change the date or postpone the date of performance of works related to the Service, the parties agree to a new Service date. GB Photography reserves the right to change the date in the event of serious random events that are beyond GB Photography control or changes in weather conditions that may prevent the performance of the Service within the time specified in the initial order. In such a situation GB Photography undertakes to perform the Service on a new date if it is possible or adequate to the nature of the Service. In the case of orders for which the date of the Service cannot be changed, such as fixed date events, GB Photography undertakes to provide a subcontractor to perform the Service on its behalf.
Limitation of Liability
11. In the event of loss, damage or destruction of digital negative files for reasons beyond the human control the liability of GB Photography is limited to full refund of the amount paid, or partial calculated refund if part of goods or Products has been already received by the Customer except for any booking deposits paid. GB Photography is responsible for material damage caused during the performance of its Services except for the material damage or breach of any legal provisions caused by its subcontractors.
12. GB Photography drone pilots are licensed to perform aerial photography and video according to the guidelines of the Australian Civil Aviation Safety Authority (CASA). In some cases the performance of a photography or video Service may be very limited or even impossible. Customer is advised to be aware of such limitations or/and request from GB Photography an advisory recognition of the particular place in light of the drone flying rules. For detailed information about drone flying rules in Australia Customer is advised to visit CASA’s website: https://www.casa.gov.au/drones
Other provisions of the T&C’s
13. GB Photography acknowledges the Aboriginal Traditional Owners of the land and respects the Aboriginal people of the many traditional lands and language groups of Australia on which any of its Services may be performed. In the spirit of reconciliation GB Photography acknowledges the Traditional Custodians of country throughout Australia and their connections to land, sea and community. GB Photography pays respect to their Elders past and present and extends that respect to all Aboriginal and Torres Strait Islander peoples. While providing professional services no disrespect is intended to Aboriginal or Torres Strait Islanders and their community.
14. Both the Customer and GB Photography undertake to comply with the practical rules and recommendations to minimise the risk resulting from the current epidemiological situation during the performance of the Service. GB Photography undertakes to implement practical solutions recommended by the Ministry of Health of Australia.
15. For the Services performed, GB Photography offers the Customer the option of using online payments through an operator that meets Australian and international standards for providing financial Services, in particular payments using payment cards and electronic transfers. In addition GB Photography also offers the Customer traditional bank transfers, which could be made by the Customer using the bank details provided on issued invoice.
16. GB Photography undertakes to provide the Customer with an electronic copy of this document in the form of a file or web link enabling it to be saved, printed or viewed online. In matters not regulated by the T&C or the content of Customer order or other additional arrangements or agreements with the Customer, the provisions of the Australian or international Civil Law and other applicable legal acts shall apply.
document version: v1.22, 17 May 2023