MEDIARY Photography and Video Services Terms and Conditions

ABN: 44 115 403 476

These comprehensive terms and conditions outline the basis on which MEDIARY ("we," "us," or "our") provides its photography and video services ("Services") to real estate agents or those who book our services ("you"). By engaging our Services, you explicitly agree to and accept these terms and conditions:

1. Booking Confirmation: 1.1. We are committed to providing a seamless experience. We will confirm all booking details with you before attending any appointment.

2. Cancellation Policy: 2.1. We understand that circumstances may change. Cancellation more than 24 hours before your appointment will not incur any fees. 2.2. If you cancel within 24 hours of your appointment, you will be charged 50% of the agreed-upon fee.

3. Fees and GST: 3.1. All fees for the Services are inclusive of Goods and Services Tax (GST). Our pricing is transparent, and you can rely on the quoted price to include all applicable taxes.

4. Payment Terms: 4.1. Payment for the Services is due either at the time of booking or upon the successful delivery of the media. 4.2. We will withhold the media until we receive full payment. 4.3. In case of non-payment within 14 days from the invoice date, we reserve the right to delete the media files. Timely payment is essential to ensure the accessibility of your valuable media.

5. Invoicing: 5.1. We aim to maintain efficiency in our billing process. We will provide you with an invoice within 7 days of completing the Services, clearly outlining the services rendered and the total amount due.

6. Invoice Payment: 6.1. Payment must be made in strict accordance with the terms specified in the invoice. Please ensure prompt payment to avoid any delays or additional charges.

7. Intellectual Property: 7.1. We retain full ownership of all intellectual property and other rights associated with any materials or photographs created during the provision of the Services. 7.2. For your promotional needs, we grant you an irrevocable, royalty-free license to utilize these materials in all media forms globally. This license is exclusively for promotional purposes.

8. Copyright Usage: 8.1. Unauthorized use of our photography for purposes other than promotion is strictly prohibited without the explicit consent of MEDIARY or the photographer. 8.2. Breach of copyright may result in penalties, and any usage beyond the agreed promotional purpose may incur additional copyright fees, at our discretion.

9. Inspection and Defects: 9.1. We take pride in our work's quality. We expect you to thoroughly inspect all services and/or products we deliver and promptly notify us of any defects within 5 working days from their creation. 9.2. Failure to report defects within this timeframe will absolve us of any liability for these issues.

10. Defect Remedy: 10.1. If you report a defect, we require a reasonable 2 working days to address and remedy the issue once we receive written notification.

11. Property Photography Purchase: 11.1. Any property photographed by MEDIARY for another agency may be purchased for $65, inclusive of GST, after the expiration of the agency agreement. This provision applies regardless of whether the vendor or agent initially paid for the photography. 11.2. Third-party websites interested in purchasing our photography may do so at a price determined based on usage and duration, to be agreed upon by MEDIARY or the photographer.

By engaging MEDIARY's Services, you acknowledge and agree to adhere to these detailed terms and conditions. Non-compliance with these terms may result in the delayed release of media and potential additional charges, as specified herein. We are dedicated to delivering high-quality services and trust that these terms will help facilitate a smooth and mutually beneficial working relationship.