BARANGAROO STUDIOS TERMS & CONDITIONS

We’ve tried to keep our T&Cs short and sweet, but we do ask that you read them. Last minute changes, incorrect information and late supply of assets can impact the quality of your production, especially if it’s live.

Production Schedule

Once your booking is confirmed we’ll work with you on a Production Schedule. You must do everything reasonably required of you as outlined in the agreed Production Schedule and give us any assistance that we reasonably require to facilitate the production and delivery of our services and deliverables in a professional and timely manner. We take no responsibility for delays in content production caused by the supply or approval of copy, material or files outside of the agreed Production Schedule.

Unless agreed in writing by ausbiz, we require ALL assets for your production no later than 48 hours prior to the booking. This includes but is no limited to; names and titles of talent, branding and assets for studio screens, video and images inserts, slide presentations and script copy for autocue.

For live events being carried on your own platform (Zoom, ON24 etc), we require access to the account for testing at least 3 days prior to the event booking.

Liaison and Approval

You will nominate a single contact to be the liaison for your production, and this person will be deemed by us to have authority for all decisions relating to the production. You may change the nominated contact at any time and will inform us in writing as soon as possible.

While produced material is going through the approval process, you agree to review, provide feedback and/or approve in line with the Production Schedule. We will not be held liable if you fail to meet review/approval deadlines agreed in the Production Schedule. Nor will we be held liable if you approve material which contains errors or ommissions.

Supplied Content

You warrant that you will not provide us with any information, copy, artwork, video, photograph or illustration which is misleading, false, obscene, defamatory or otherwise in breach of any law or infringes any person’s copyright or moral rights.

Pricing, Invoicing and Payment

When accepting your booking, you are agreeing to pay AUSBIZ TV PTY LTD for providing productions services. We will supply you with a tax invoice made out to the company provided in your booking form. Our tax invoices must be paid within 14 days of issue.

If any invoice payable by you remains unpaid after the due date for that invoice, we will be entitled to charge interest on the overdue amounts from the day after the date on which the amount was due and payable under this Agreement until such time as those overdue amounts have been paid in full. Interest will be calculated daily on the outstanding amounts at the ‘Cash Rate Target’ stipulated by the Reserve Bank of Australia as at the date the interest is calculated plus 8%.

Rescheduling or Cancelling

We get it, sometimes things go wrong. If you need to change the date of your event or production, we’ll do our very best to accommodate. However, we cannot guarantee your preferred date will be available.

We will accept cancellation of your booking with no charge up until 10 days prior. We cannot accept cancellations within 10 days of the booking, however we will provide a credit to the same amount. This credit will be valid for 12 months and you can use it for another production, or for advertising on ausbiz.

And finally, all the standard legal stuff:

Intellectual property

Subject to all fees having been paid, all documentation, literature, manuals, profiles, notes, memoranda, software, and any other intellectual property or materials (whether printed or electronic) created by us in the course of providing the Services or Deliverables (Created IP) or which are or become your property, shall be (or remain) your property.

We will do all acts, matters and things which may be reasonably required of us to vest, assign or complete copyright and/or ownership of the Created IP in you.

You grant to us a worldwide, royalty-free, perpetual, irrevocable, fully transferrable and sub-licensable licence to use and develop the Created IP for any purpose (Licence).

Notwithstanding anything to the contrary in these Terms, all intellectual property rights of each party, or any third party of either party, that are:

  1. in existence prior to the Engagement Start Date;

  2. or otherwise developed by a party and coming into existence independently of these Terms, (each party’s ‘Pre-Existing IP’) shall remain the property of that party and nothing in these Terms shall have the effect of transferring or assigning any intellectual property rights in a party’s (or a third party’s) Pre-Existing IP to the other party.

Notwithstanding anything to the contrary in these Terms, nothing in these Terms prevents us from developing for ourselves, or for others, any materials, deliverables or services which are the same as, similar to or competitive with any of the Services or Deliverables being provided by us to you under these Terms. Pursuant to the Licence created in clause 10.3 above, we are free to use and develop any software, knowledge, skills, experience, ideas, concepts, know-how or techniques that are used, developed or enhanced in the course of providing the Services and Deliverables to you.

Indemnity

You agree to continually indemnify AUSBIZ from and against all losses, damages, costs, claims, expenses and liabilities incurred by AUSBIZ in dealing with any claim (or threatened claim) against it arising out of any material sourced or supplied by You or on your behalf or any breach by You of a warranty or a term of this Agreement. However, Your liability to indemnify AUSBIZ under this paragraph will be reduced proportionately to the extent that AUSBIZ’s negligent act, omission or breach of this Agreement contributes to any relevant losses, damages, costs, claims, expenses or liabilities.

AUSBIZ agrees to continually indemnify You from and against all losses, damages, costs, claims, expenses and liabilities incurred by You in dealing with any claim (or threatened claim) against it arising out of any material sourced or supplied by AUSBIZ or any breach by AUSBIZ of a warranty or a term of this Agreement. However, AUSBIZ’s liability to indemnify You under this paragraph will be reduced proportionately to the extent that Your negligent act, omission or breach of this Agreement contributes to any relevant losses, damages, costs, claims, expenses or liabilities.

A party’s obligation to indemnify another party under this clause is reduced to the extent the other party caused or contributed to the loss, damage, cost, claim, expense and liability.

AUSBIZ’s liability in connection with any failure to comply with its obligations under this Agreement or with a guarantee applying to the supply of services by us under the Australian Consumer Law is limited, at our election to: the supplying of the Services (or Deliverables) again; or the payment of the reasonable cost of having the Services supplied again.

Notwithstanding anything to the contrary and to the extent permitted by law, neither party is liable to the other party for any indirect, special or consequential loss, namely including any loss of revenue, income or profits, loss of business opportunity, loss of business or contracts, loss arising from business disruption, loss of data, loss of anticipated savings, loss of interest or financing charges, or damage to custom, goodwill or reputation, suffered or incurred by any other party (including a third party) in connection with this engagement and this Agreement, howsoever arising (whether arising under contract, tort (including negligence), statute, equity or otherwise).

Confidentiality

Each party acknowledges that in performing its obligations and responsibilities under this Agreement, it shall acquire and have access to the Confidential Information of the other party.

During the term of and after termination of this Agreement each party shall:

a) use Confidential Information solely for the purpose of performing its obligations and responsibilities under this Agreement;

b) receive and maintain all Confidential Information in confidence;

  1. maintain and store all Confidential Information in accordance with any relevant procedures established by the Client and continue to maintain and store Confidential Information for the earlier of at least 2 years after termination of this Agreement or such other period as required by any relevant law; and

  2. not disclose (directly or indirectly) Confidential Information to any third party or allow any third party to make such a disclosure, except where:

  3. the party has received the prior written consent of the other party and this consent has not been revoked (consent may be given or declined in the other party’s absolute discretion); or

  4. disclosure is required by law or a regulatory body, however if a government, regulatory authority or a court orders the party to disclose Confidential Information of the other party, the party must immediately notify the other party; or

  5. disclosure is to the party’s staff, legal or accounting advisers and that disclosure is made on a “need to know” basis and in the normal course of business for the purpose of the party meeting its obligations under and in relation to this Agreement.

If Confidential Information is to be disclosed to a third party, the party must have obtained the third party’s agreement to keep the information confidential in accordance with terms essentially the same as those in this clause and this Agreement (including the third party’s subsequent disclosure of the information to other third parties).

General

In no way does this agreement transfer ownership of any Client trademark, whether registered or unregistered, and AUSBIZ shall only make use of Client trademarks with the Client’s approval.

AUSBIZ will make every endeavour to produce the services and deliverables specified in the Production Schedule in accordance with this Agreement however it is acknowledged by both parties AUSBIZ does not accept any liability resulting from unforeseen circumstances not within the reasonable control of AUSBIZ that impair the ability to deliver such as breakdown of machinery, third party supplier and customs issues, or industrial disputes.

This Agreement contains the whole of the Agreement between AUSBIZ and the Client and can only be amended in writing with the agreement of both parties. If any provision of this Agreement is held by any competent authority to be invalid or unenforceable in whole or part, the validity of other provisions of this Agreement and the remainder of the provision in question will not be affected.