Visual Radio

Terms and Conditions

V1. January 2025

 

Definitions

In these terms and conditions, unless the context otherwise requires:

Consumer means any individual who acquires Visual Radio’s services wholly or predominately for personal, domestic or commercial use.

Customer means any person or entity requesting VISUAL RADIO to provide Services.

VISUAL RADIO means Visual Radio (47 852 155 228)

Agreed Fee means the fees estimated by VISUAL RADIO in any quotation once accepted by the Customer.

Materials means any goods, items or things, including but not limited to any photographs, documents (whether digital or hard copy), videos, footage, props and equipment provided by the Customer to VISUAL RADIO for the purposes of VISUAL RADIO supplying the Services.

Standard Equipment means the standard equipment required by Visual Radio to conduct any video production.

Special Equipment means any additional equipment required by Visual Radio that is additional to the standard equipment. This will be agreed prior to the production with the customer.

Raw Footage means master footage recorded by VISUAL RADIO as part of provision of the Services.

Services means video production and/or post production services.

Business hours – Means Monday to Sunday 9am-5pm

 

1. Application

These Terms and Conditions apply to and are incorporated into all contracts, agreements, arrangements, transactions and dealings entered into by VISUAL RADIO with any Customer in relation to the provision of Services by VISUAL RADIO. All work carried out by VISUAL RADIO is on the basis that the Customer has agreed to these Terms and Conditions.

2. Consumer Contract

If the Customer is a Consumer:

These conditions do not affect any rights the Customer has under Schedule 2 of the Competition and Consumer Act 2010 (Cth); and These conditions do not affect the laws in force in the place in which the contract is made prior to the contract.

3. Quotations

Quotations are calculated by estimating how long it will take to provide the Services under typical circumstances and are based on an hourly rate. One round of Customer changes and/or revisions is included in each quotation.

3.2 If the Customer instructs VISUAL RADIO that significant changes and/or revisions to the scope of the Services described in a quotation are required then VISUAL RADIO shall be entitled to charge an additional Agreed Fee based on a further quotation.

4. Cancellation

If the Customer has engaged VISUAL RADIO to provide Services on a specified date, the Customer may notify VISUAL RADIO in writing (during normal business hours) that the Customer does not require the Services to be provided on that date (“the cancellation”). The 50% deposit is non-refundable. If notification of the cancellation is provided outside of normal business hours, it is deemed to have been provided at the commencement of the following day.

4.2 If the cancellation is made more than 48 hours prior to the day on which VISUAL RADIO has been engaged to provide the Services, the Customer must reimburse notify in writing and request a change of date.

4.3 If the cancellation is made between 48 and 24 hours prior to the day on which VISUAL RADIO has been engaged to provide the Services, the Customer must pay any for any expenses incurred by VISUAL RADIO in preparation for provision of the Services. An invoice would be sent for this cost.

4.4 If the cancellation is made within 24 hours of the time at which VISUAL RADIO has been engaged to provide the Services, the Customer must pay the Agreed Fee in full.

4.5 If the cancellation is made while VISUAL RADIO is providing Services to the Customer, the Customer must pay the Agreed Fee in full.

 

5. Payment

The Customer will pay to VISUAL RADIO the Agreed Fee in the following manner:

5.2 Deposit

If the customer accepts the quotation they agree to pay a non-refundable 50% deposit prior to the production date as marked on the quotation. The balance will be payable within 14 days of the date of any interim or final invoices submitted in respect of the Services; and VISUAL RADIO will not commence any pre-production activities until the Customer has paid the Deposit.

5.3 Final payment

Delivery of final videos will be made once completion of agreed fee has been paid. If any VISUAL RADIO invoice or part thereof is not paid within 30 days of the date of the invoice, then the Customer agrees that interest will accrue on the outstanding amount at the rate specified pursuant to Section 2 of the Penalty Interest Rates Act 1983 (Vic).

6. Variations (additional quotation applies)

VISUAL RADIO will provide the Customer with one (1) ‘draft copy’ of an initial edited video file. The Customer must notify VISUAL RADIO of all proposed changes within fourteen (14) days of receipt of the draft copy by the Customer.

6.2 Once the proposed changes have been made, VISUAL RADIO will provide the Customer with a ‘final draft copy’ which is to be used solely for the purpose of verifying that the proposed changes have been correctly implemented. No new changes may be requested unless the Customer purchases another variation.

6.3 The Customer must notify VISUAL RADIO of any errors in the final draft copy within fourteen (14) days. Once the fourteen (14) day review period for both the ‘draft copy’ and ‘final draft copy’ has elapsed, VISUAL RADIO may refuse to make any further changes.

6.4 The Customer acknowledges that some changes may not be possible.

7. Service Options

All service options have a minimum call-out time of 4 hours, which accounts for travel time, production, and post-production as required for each service. Each service includes a maximum of 2 rounds of edit changes from the first draft delivery. After each round of edits, the post-production timeline resets.

7.2 Option 1: The B-Roll Package

4-hour production time of VISUAL RADIO with the customer at disclosed location(s).

  • Setup: Camera on gimbal with no sound.

Final Result Includes:

  • Post-Production: 14-day turnaround to first draft delivery.

  • Deliverables:

    • Fully edited b-roll footage compiled into one continuous clip, suitable for client editing on social media or mobile platforms.

7.3 Option 2: The Half-Day Interview Shoot

4-hour production time of VISUAL RADIO, focusing on capturing a structured interview alongside supporting b-roll footage.

  • Setup: Professional lighting, sound, and framing to ensure a polished and professional result.

Final Result Includes:

  • Post-Production: 21-day turnaround to first draft delivery.

  • Deliverables:

    • 1 x 2–3 minute edited interview video incorporating b-roll footage and optional overlays (e.g., text, graphics).

    • 3 x 30-second interview clip snippets.

    • 1 continuous clip of b-roll footage.

7.4 Option 3: The Full-Day Interview Shoot

8-hour production time of VISUAL RADIO, perfect for multiple interviews, extensive b-roll coverage, or capturing detailed processes.

  • Setup: Professional lighting, sound, and framing to ensure a polished and professional result.

Final Result Includes:

  • Post-Production: 21–28 day turnaround to first draft delivery.

  • Deliverables:

    • 2 x 2–3 minute (or equivalent) edited interview videos incorporating b-roll footage and optional overlays (e.g., text, graphics).

    • 3–5 x 30-second interview clip snippets.

    • 1 continuous clip of b-roll footage.

7.5 RAW FILE DELIVERY Option (Available for All Services):

  • Includes delivery of all raw footage captured during the production time within 7 days of the shoot.

  • Pricing for this option will be discussed with the client.

8. Venue Location Fees & Permissions

The Customer must obtain any necessary consent or permission and pay any fees which may apply for VISUAL RADIO to film at a particular venue, location or event.

9. Artistic Licence

The Customer acknowledges and agrees that editing an event and the production of finished works may include elements of artistic expression and interpretation. VISUAL RADIO reserves the right to use ‘Artistic Licence’ in any commissioned works that require editing or the production of finished works. The re-editing of commissioned works is offered as an optional extra by prior arrangement. A quotation for re-editing will be provided by VISUAL RADIO on request.

10. Customer’s Materials

All Materials are used and stored by VISUAL RADIO solely at the Customer’s risk and VISUAL RADIO is under no obligation to insure any Materials. Neither VISUAL RADIO nor any of its officers, employees, agents or subcontractors will be liable for any loss, destruction or damage (“Loss”) of the Materials other than loss caused by their negligence but any liability for such loss will be limited to replacement of the Materials;

10.2 VISUAL RADIO will not be liable in respect of any Loss of the Materials arising out of the action of any person not employed or engaged by or associated with VISUAL RADIO even though such person is present during and involved with the performance of the Services; and The Customer must retain a master copy of each and every recording delivered to VISUAL RADIO for the purposes of the Contract.

11. Customer Acknowledgements

The Customer acknowledges and agrees that: VISUAL RADIO will have a lien on Materials provided by the Customer; and No title (including any copyright) in the Services manufactured, produced, duplicated or otherwise provided by VISUAL RADIO will be transferred to the Customer until the Customer pays all amounts due to VISUAL RADIO in full.

11.2 The Customer acknowledges and agrees that upon payment of all outstanding invoices due to VISUAL RADIO, the Customer is entitled to receive the finished works, but has no entitlement to the working files of VISUAL RADIO.

11.3 The Customer acknowledges and agrees that the content, views and opinions expressed in the finished works produced for the Customer by VISUAL RADIO are solely those of the Customer. The finished works are intended to represent the opinion of the Customer and in no way reflect the views and opinions of VISUAL RADIO, its employees and subcontractors.

11.4 Customer agrees to the use of any footage and content created by Visual Radio can and will be used by Visual Radio for the marketing purposes of Visual Radio on social media (Facebook, Instagram, TikTok, Linkedin, YouTube and visual-radio.au).

12. The consented Customer Undertakings and Warranties

The Customer must obtain all necessary permissions and authorities in respect of the use of the Materials which are to be included in the Customer video. The Customer indemnifies and holds VISUAL RADIO harmless from any claims or legal actions related to the content of the Customer’s video. The Customer hereby indemnifies and holds harmless VISUAL RADIO against all loss, damage, costs or expenses suffered or incurred by VISUAL RADIO as a result of any breach.

13. Project Delays and Client Liability

Any estimate of the date by which VISUAL RADIO will complete any part of the Services is contingent upon the Customer providing complete instructions to VISUAL RADIO and fully cooperating with VISUAL RADIO until VISUAL RADIO has ceased providing Services to the Customer. The Customer must appoint a person who has complete authority to provide instructions to VISUAL RADIO and respond to requests for feedback until VISUAL RADIO has ceased providing Services to the Customer.

14. Sub-Contracting

VISUAL RADIO reserves the right to sub-contract any Services that VISUAL RADIO has agreed to perform for the Customer as it sees fit.

15. Ownership

The Raw Footage, video files, audio files and edited video files including all copyright remain the property of VISUAL RADIO until full payment is made for the Services. Where Services remain unpaid or in the event that a final agreed payment is not made, VISUAL RADIO reserves the right to withhold all recordings and finished works and use all or portions of the recordings and finished works for display, promotional or commercial purposes. Copyright in all video, images, audio, lyrics or musical composition included or recorded in the edited video or recorded by equipment used by VISUAL RADIO will remain the property of the author or legal entity owning the copyright.

15.2 If any edits are made to the footage by the customer VISUAL RADIO will not be credited as the owner.

16. Special Provisions for Ownership

VISUAL RADIO reserves the right to retain ownership of any recorded material of an anomalous nature once discovered in post production. The copyright of such recordings will belong to VISUAL RADIO.

16.2 VISUAL RADIO has the right to use edited or unedited video files produced pursuant to these Terms and Conditions for promotional or commercial purposes, unless an alternative arrangement is made between VISUAL RADIO and the Customer. The copyright of such segments will belong exclusively to VISUAL RADIO.

17. Disposal

Raw Footage, video files, audio files and edited video files will be retained for up to twelve (12) months only and will then be disposed of, deleted or erased. If at the end of twelve (12) months Services have not been paid for, VISUAL RADIO reserves the right to dispose of all Raw Footage, video files, audio files, edited video files, recorded materials and finished works.

18. Failure of Equipment or illness of VISUAL RADIO employees and

contractors

Whilst all reasonable care and preparation is taken for videography and editing, VISUAL RADIO will not be liable for any compensation except for return of any Deposit paid, should a failure occur in all or any of the electronic equipment used or due to illness of the operators or person(s) employed or engaged by VISUAL RADIO or because of an unforeseen event or any dispute regarding the ownership of recorded materials.

19. Right of Refusal or Termination

VISUAL RADIO reserves the right to terminate the provision of Services, if: the videographer, or any person(s) employed or contracted by VISUAL RADIO is placed in a position where there is an actual or apparent risk of injury; or there is a risk that any of the equipment used may be damaged.

19.2 If VISUAL RADIO terminates the provision of Services pursuant then any Deposit paid by the Customer remains non-refundable.Should any of the circumstances outlined occur, VISUAL RADIO may seek compensation from the Customer for any loss or damage suffered.

20. Limitation of Liability

The parties acknowledge that, under applicable State and Commonwealth law, certain clauses, conditions, guarantees and warranties may be implied in these Terms and Conditions and there are rights and remedies conferred on the Customer in relation to the provision of goods or of services which cannot be excluded, restricted or modified by agreement (“Non-excludable Rights”). Except to the extent of Non-excludable Rights, VISUAL RADIO will not be liable for:

20.2 Any claim by the Customer or any person, including without limitation any claim relating to or arising from all clauses, conditions, guarantees and warranties express or implied, and all rights and remedies conferred on the Customer, by statute, the common law, equity, trade, custom, usage or otherwise; and any representations, warranties, conditions or agreement made by any agent or representative which are not expressly confirmed by VISUAL RADIO in writing, and the liability of VISUAL RADIO for any such matters is hereby excluded. Where (and to the extent) permitted by law the liability of VISUAL RADIO for a breach of a Non-excludable Right can be limited, VISUAL RADIO’s liability is limited, at VISUAL RADIO’s option, to one of the following: The supply of the service again; or Payment for the cost of having the services supplied again. Notwithstanding any other provision, VISUAL RADIO is in no circumstance (whatever the cause) liable in contract, tort (including without limitation negligence or breach of statutory duty) or otherwise to compensate the Customer for: Any increased costs or expenses; Any loss of profit, revenue, business, contracts or anticipated savings; Any loss or expense resulting from a claim by a third party; or Any special, indirect or consequential injury, loss, damage or expense whatsoever and howsoever arising.

21. Force Majeure

If VISUAL RADIO cannot carry out an obligation under the Contract either in whole or in part because of anything outside its reasonable control, including without limitation, fire, flood, storm, earthquake, explosion, accident, road or rail closures, rail derailment, wharf delays, war, terrorism, sabotage, epidemic, quarantine restriction, labour dispute or shortage, act or omission of any third person or public authority, then VISUAL RADIO’s obligations under the Contract will be suspended for the duration of the event or waived to the extent applicable.

22. Legal Costs

The Customer will be liable for any legal costs incurred by VISUAL RADIO in the recovery of unpaid invoices on an indemnity basis.

23. Privacy

All information received by VISUAL RADIO from the Customer, written or otherwise, will be kept confidential. Any private information will not be divulged or distributed to any third party without the Customer’s consent.

24. Other Matters which Affect the Contract

The laws of Victoria apply to the Contract and the Customer must bring any proceedings against VISUAL RADIO in a Victorian Court. If a condition or part of a condition is unenforceable, it must be severed from the Contract and does not make the rest of the Contract unenforceable.

24.2 VISUAL RADIO is not bound by any waiver, discharge or release of a condition or any agreement which changes the Contract unless it is in writing and signed by or for VISUAL RADIO.

25. Amendment

VISUAL RADIO reserves the right to amend these Terms and Conditions at any time. Amendments will be effective after the Customer has been given 7 days written notice.