Matt Callian Videography services are only available to people over the age of 18. You may only contract us if you are legally capable of entering into a binding contract and are not a person barred from doing business or receiving services under the Australian law or other applicable jurisdictions.
You represent and warrant that you are authorised to accept these Videography Terms of Service on behalf of an organisation, company, government, or other legal body. After accepting these Terms, you may contract Matt Callian Videography’s video production services.
You agree to be bound by the terms of this Agreement by placing an order via telephone, e-mail, website, in person, or any other ordering methodology established in the future. You may not contract Matt Callian Videography for video production services if you do not accept all of the Terms without modification. Acceptance is solely restricted to all of these Terms.
Quotation, brief, deliverables and project scope
Brief, deliverables, project scope and video production details are defined by the quotation and proposal sent to you.
Upon paying a deposit, confirming via email, phone or any other method of communication, you agree on the details on the project as outlined in the quotation and you enter into a contract with Matt Callian Videography. At the same time, you agree to these Terms.
Any additional work outside of the project scope will incur additional costs.
Upon agreeing on the quotation and entering into a contract with us, you are allowed the right to increase, but not decrease the agreed budget at any time after accepting this agreement.
Bookings, orders and payments
It should never be presumed that availability is not on a “first come, first served” basis. Reservations are only confirmed once payment has been received.
We require that bookings and orders are fully paid in advance. Bookings and orders that are not paid in full will be cancelled.
Split payments are only accepted for orders above AU$2,000 in value and/or under particular circumstances, specified in the quotation sent to you under “Payment terms”.
Bookings and orders changes, modifications and cancellations
All scheduling modifications, no matter how minor, are subject to AU$250 fee. Changes in your schedule may conflict with our availability, in which case cancellation conditions apply (see below).
All orders are automatically 50% non-refundable at the moment of reception of payment. By hiring Matt Callian Videography for services, you are reserving equipment, videographers, and other resources for your video project, which lowers our availability to other clients.
All cancellations must be made at least 30 days before filming; any cancellation made after that will result in the full payment being forfeited.
In case we are not able to fulfil the order, any deposit paid will be refunded.
File storage
Customer videos and audio recordings are archived, stored, and delivered as part of our video production services, but we don’t provide storage service over time.
The original and unaltered camera footage is kept for 15 days after the shoot. We may keep it indefinitely at our discretion, but we have no duty to you to keep it after the 15th day after filming. Please tell us prior to filming if you desire the original footage.
Compressed RAW footage is kept for 90 days. We may keep it indefinitely at our discretion, but we have no duty to you to keep it longer than 90 days after filming. Compressed Raw footage is delivered to customers and customers should make copies of their videos as backups.
Raw footage delivery
Compressed RAW footage is delivered to you via web link, through a cloud service of our choice. Original raw footage captured by professional cameras can be very big in size, and for this reason we compress the raw footage before uploading it and making it available for you to download.
Compressed raw footage is still kept at a very high quality, and has the advantage of occupying lower disk space, making it more manageable for you.
If, for some reason, you require the original, non-compressed camera RAW files, please specify this in your order. We will send you a physical hard drive at your expense (cost of hard drive, postage and administration will be invoiced to you).
File management and deliverables
Upon delivering any file (raw footage, projects deliverables or other types of files) to you via cloud web link, you must download and store them securely within 14 days.
Compressed RAW footage, project files and any other file we manage/create on your behalf are kept for 90 days from the project’s start date. After that, we might delete all the footage, deliverables, and all your project’s files from our drives, at our discretion.
Drafts and revisions
If your project includes video editing services, deliverables are outlined in the quotation, with specifics about video lengths, type of edits, output formats.
After a first draft is delivered to you, you agree to let us know of any changes and revisions within 5 business days from reception.
Changes must be reasonable and within the scope of the agreed quotation. If no changes are requested within the five (5) days, any draft will be considered approved.
Permission for filming and audio recording
Matt Callian Videography is hired at your request; as a result, you accept and understand that you are solely responsible for the images and audio that we capture on video. You represent and warrant that you have permission to shoot video and audio at your event, at the location and time specified.
You must advise the venue, event participants and visitors, the proper authorities, owners, government officials, agents or representatives, and any other relevant persons that YOU will be capturing video and audio during the event. By hiring Matt Callian Videography to record video and audio during your event, you will ensure that both you and Matt Callian Videography are following all applicable local, state, and federal Australian laws.
Copyright
You are the copyright owner of all the video and audio recordings we make, however, you hereby grant Matt Callian Videography a licence to use any video or audio we may record on your behalf in connection with our services.
Unless you explicitly request a non-disclosure agreement from us, you hereby grant Matt Callian Videography a royalty-free, irrevocable, non-exclusive, transferable and sub-licensable world-wide licence, to use video and/or audio recordings for portfolio or for other marketing purposes connected with our services.
We may also use raw footage, images, video edits and projects to produce educational material, such as YouTube videos and demonstrations.
Sub-contracting
Matt Callian Videography reserves the right to employ subcontractors to fulfil orders. These subcontractors will act on behalf of Matt Callian Videography and we may disclose with them your personal information and contract details.
Things beyond our control
We will do everything in our power in order to fulfil orders, but if for reasons beyond our control your order cannot be fulfilled, Matt Callian Videography is not liable for any losses nor you can claim any damage against Matt Callian Videography for not being able to fulfil the order. If we are unable to fulfil your order, any deposit paid will be returned.
Things that are out of our control can be, but are not limited to:
- The videographer/team has fallen ill on the day of the filming and a suitable replacement cannot be found.
- The videographer/team has encountered an unforeseen issue on the way to the filming location and cannot reasonably be on time.
- Cameras and recording equipment can fail, and while we do our best to keep our equipment in good shape, we cannot guarantee that said equipment will always work as intended.
- Storage devices can fail, and while we do our best to backup footage and files in multiple locations, we cannot guarantee that footage won’t be lost.
Matt Callian Videography also reserves the right to terminate this agreement and services due to events beyond our control, including but not limited to war, government regulation, terrorism, natural disasters, strikes, civil unrest, restrictions on transportation, or similar emergencies beyond our control, making it impossible, illegal, or economically non-viable to fulfill all or part of our obligations.
Safety
- We may refuse any request or action if, in our sole discretion, we feel such request or action would endanger us, our equipment or is unlawful.
- There will be no filming outside if it is raining, foggy, or thunderstorming.
There will be no filming outside if the temperature is below 5 degrees Celsius or above 40 degrees Celsius. - We can’t walk backwards or run with cameras in our hands.
- We shall not enter any unsafe or hazardous premise.
- We are unable to climb ladders.
- If we feel threatened or feel unsafe, we will leave.
- We will leave if there are unlawful activities taking place.
