Terms & Conditions & Provacy Policy
CDR Productions Pty Ltd. ABN 25 625 125 046 (CDR) will supply you (or your) with Video Production services (‘Services’) on the terms and conditions as follows:
1.0 Our Agreement with You
1.1 As a customer of CDR these terms and conditions form the basis of our agreement.
1.2 Our agreement with you also includes any application form which you complete and provide to us. We may accept and rely on a scanned email copy of the original application form as if it was an original.
1.3 Our agreement with you also includes our proposal.
2.0 Service Description
2.1 CDR will provide video production services as indicated in the proposal, CDR (the ‘Services’) to you in Australia.
2.2 Services include: Filming, Editing, Video Productions, Sound and Video Engineering, Onsite Support, Event productions, live streaming services.
3.0 Use of Services
3.1 You are responsible for the use of the Services CDR provide.
3.2 You must not use the services and must use your reasonable endeavour’s to prevent any other person form using the Services:
3.2.1 To break any law or infringe any copyright or any person’s rights;
3.2.2 To transmit, publish or communicate material that is defamatory, offensive, abusive, indecent, menacing or unwanted;
3.2.3 In any way that damages or interferes with or interrupts the Services that CDR supplies.
4.0 Your Responsibilities for CDR Productions Services
4.1 You must:
4.1.1 Ensure that any equipment used in connection with the Service that is not supplied by CDR has all the necessary approvals, is not prohibited by law or any Regulator and is capable of operating with the Services;
4.1.2 Use all reasonable endeavours to assist CDR in any investigation by any government body or Regulator in which CDR is involved where your use of the Services is relevant to the investigation regardless of whether or not you are required by law to assist.
5.0 Fault Reporting
5.1 You may report a fault with the Services to CDR at any time in accordance with clause 5.
5.2 Upon being notified of a fault, CDR will immediately assign a reference number to the fault and will issue that reference number to you. You must use and quote that reference number in relation to any dealings with CDR in respect of that fault.
5.3 CDR will use all reasonable endeavours to rectify the fault within the timelines set out in any Service Level Agreement.
5.6 When CDR has remedied the fault, it will notify you that the fault ticket is “closed”.
5.7 If CDR determines that:
5.7.1 There is or was no fault, then CDR may require you to pay CDR Productions’ reasonable costs and expenses (based on CDR Productions’ standard rates) in dealing with or resolving a fault, and such cost and expense shall be a debt due and payable by you on demand to CDR Productions.
6.0 Charges & Payment
6.1 Charges for the services are determined in accordance with the Proposal or such other manner. We may change the amount of these charges or add new charges from time to time in accordance with clause (13). You will be invoiced for all calls, services, usage or other charges on a monthly basis with 7 days trading terms for payment of accounts thereafter. You must pay all invoiced amounts by the date specified on the relevant invoice. Charges that do not appear on your monthly invoice may appear on future accounts due to processing procedures.
6.2 Accounts overdue may incur interest on the overdue amounts at 3% above the per annum. An initial $15 (ex GST) late payment will be applied to your account.
6.3 We may, upon reasonable notice, deactivate or cancel all or part of your service if any amount is not paid by its due date. We reserve the right to restrict any Service at any time if we feel the account has gone over its credit limit or the service appears fraudulent. Discounts may also be revoked during the overdue period. Pricing may revert to the CDR Standard rates. If any amount has not been paid by the due date we reserve the right to deduct any unpaid amount (or part thereof) from your credit card or charge card nominated on the application form. If you have nominated automatic direct debit, your bank account or credit card will be charged 14 days from the invoice date.
6.4 Personal information – If you default under this agreement, we may use or disclose any personal information collected and recorded in relation to you to assist us in the process of debt recovery. – Personal information includes personal identifying details such as your name, address, date of birth, employers and driver’s license details and status of any of your accounts or related bodies corporate, your credit history, and information about your credit worthiness or capacity.
6.5 All payments made using either American Express or Diners Club credit cards will be subject to a 1.9% surcharge.
6.7 All payments made using a Visa, MasterCard or Bankcard will be subject to a 1.5% surcharge.
6.8 All credit card transactions are processed securely and no card details stored.
6.9 In consideration of us having agreed to supply the services to you, the person signing this agreement on your behalf (“the signatories”) hereby jointly and severally guarantee the payment on demand of all monies which are or shall hereafter become due to us by you. This guarantee shall be a continuing guarantee and shall not be affected by us giving time or any other indulgence to you, nor shall any of our rights to sue or report your details to a credit reporting agency be affected.
6.10 If you do not pay the account by the due date we reserve the right to place the outstanding amount due in the hands of a Registered Collection Agency for debt ecovery. At this time they will assume the responsibility for collection of the outstanding amount and such amount owing will be liable to a 20% surcharge or actual legal costs to cover recovery charges.
6.11 For CDR customers: CDR recognises that unforseen events in your life may affect you ability to pay us for services you have used. Unforseen events may include sudden illness, loss of employment or any other reasonable cause. If you are unable to pay for CDR services you have used call us on 02 9899 2468 and ask for finance to arrange payment options.
7.1 Unless expressly stated otherwise, the charges payable for the services under this agreement are exclusive of GST. You must pay to CDR in addition to the charges, for the services, an amount equal to any GST payable on the supply of the services. That additional amount is payable at the same time any part of the charges for the services is payable. CDR will issue a tax invoice to you for the supply of those services at or before that time.
8.0 Disputed Amounts
8.1 In the event that a bill is disputed by you, you agree to pay to us the entire total amount as indicated on the disputed bill without deduction or set-off and we agree to refund any monies found to be charged incorrectly after reasonable and proper investigation.
8.2 If a billing dispute is not raised within 30 days of the bill issue date, charges will be deemed correct and payable by the customer and any backdate/credit of these charges if required will not exceed a 30 day period.
9.0 CDR Productions Refund Policy
9.1 CDR Productions policy in relation to refunds is that there are no refunds after a service is provided in full.
9.2 If a service is unable to be provided or cannot be provided at another time CDR Productions will provide a refund in line with Australian Consumer Law.
10.0 Amendments to the Terms & Conditions
10.1 These Terms & Conditions, including charges for services and/or method of calculation may be varied, altered, replaced or revoked at any time by our giving a minimum of 30 days notice to you by email, mail or as an amendment detailed on the monthly invoice to you.
11.0 Credit Check
11.1 You will supply without delay all the necessary information to check the worthiness of your credit rating.
11.2 If we consider it relevant to assess this application, you agree to us obtaining from a credit-reporting agency a credit report containing personal information about you.
11.3 If your organisation is a Trust or member of a Trust you may be required to complete a Trust Compliance Form.
11.4 You agree that we may give to any credit provider and/or credit-reporting agency any information contained in the Application. You also agree that we may seek from any credit provider and/or credit-reporting agency any credit report on all parties named in the Application. You acknowledge and understand that such information can include any information regarding your commercial or consumer credit worthiness, credit history or credit capacity that credit providers and/or credit reporting agencies are allowed to give or receive under the Privacy Act.
11.5 You authorise and permit us to make independent enquiries of third parties concerning your financial standing and for this purpose, authorise and permit third parties to supply such information regardless of any confidentiality or privilege which applies to the information sought.
11.6 If the ownership of your business, our customer, changes involving change of directors or owners then CDR reserves the right to request a new Application Form is signed and the new owners be subjected to a credit check. CDR reserves the right to withhold services to the new owner if they fail to meet our credit terms.
12.0 Limitation of Liability
12.1 To the full extent permitted by law and subject to clause (14.2), we will not be liable in any circumstances, however arising, to you or any person claiming through you in contract, tort, or otherwise (including negligence) for:
12.1.1 Any economic loss or damage and in particular (without limitation), any loss of revenue, profits, actual or potential business opportunities, contracts or anticipated savings of profits; or
12.1.2 Any indirect or consequential loss; or
12.2 We accept liability to you in respect of any rights conferred on you by the Trade Practices Act 1974 and similar legislation where not to do so would be illegal, or would make any part of clause (11.0) void or unenforceable. Otherwise, we exclude all conditions and warranties implied into the agreement and limit our liability for any non-excludable conditions and warranties, where permitted by law to do so, at our option, to:
12.2.1 In the case of goods:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of the goods or
(iii) the payment of the cost of replacing the goods or acquiring equivalent goods.
12.3 You agree to indemnify and keep indemnified from and against liability and all loss and damages caused directly or indirectly by any breach of this agreement by you or any claim or action arising directly or indirectly out of any negligence or wilful act of yours or any of your servants, offices, agents, contractors or subcontractors.
12.4 To the extent permitted by law, you agree that your indemnity shall survive the termination of this agreement, against any actions, claims, expenses, demands, costs, damages, proceedings or any other liability whatsoever suffered by us in connection with you using the services including, without limitation, you using or incorporating the services in other products used by you or supplied to you.
13.0 Removable Discount
13.1 If we provide a service at a discount on payment over a set term and you cancel the service or terminate the agreement before that term ends, then you will be liable to pay the for service billed at CDRs Standard Rates for the period prior to cancellation and termination. We will bill you for the amount of the discount allowed to you during the elapsed period on your next bill.
14.0 Communications & Content
14.1 You are responsible for the content of the messages you communicate when using our services as well as the consequences of those messages. You agree that you will not use our services to engage in activities that are illegal, obscene, threatening, defamatory, invade privacy, infringe intellectual property rights, or otherwise injure third parties or are objectionable. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead others or us as to your identity. We reserve the right to suspend or terminate the service in the event of a breach of this clause and in such cases you will be responsible for any costs associated with suspension or termination of the service.
14.2 We believe that any correspondence or emails from CDR or its related parties are a valuable part of our service as they enable you to keep upto – date with matters regarding Internet security, viruses, useful tools, promotions, sites of interest and other related matters. The correspondence and emails do not constitute Spam as we have a continuing business relationship with you. However, if you do not want to receive such commercial communication from us please contact us to unsubscribe, otherwise we will continue sending you relevant information until you request us to remove your email address (this does not affect other electronic communications specifically regarding the provision of the service of your account).
15.0 Force Majeure
15.1 We will not be liable for any delay in the connection of or failure in the operation of services due to any occurrence reasonably beyond our control.
16.0 Entire Agreement
16.1 This agreement contains your and our entire understanding to the exclusion of any and all prior or collateral agreement of understanding relating to the services provided whether oral or written. You acknowledge that you have not entered into this agreement in reliance upon any statement made by us, other than as expressly contained in this agreement.
16.2 If any part of this agreement is found to be invalid or of no force or effect this agreement shall be construed as though such part had not been inserted and the remainder of the Agreement shall retain its full force and effect.
16.3 To the extent that any service specific term or condition conflicts with any other term or condition in this agreement, the term or condition specific to the service will apply.
17.1 We may assign the benefit of this Agreement at any time to a person or corporation nominated by us, and, in this event, such assignee shall deal directly with you for the purposes associated with the provision of Services under this Agreement.
We may hold information that you have provided to us about yourself or your company, and definitely information about your use of our services. Information that you might provide to us may include information provided in applying for goods or services – for example, your contact details, driver’s license number, photo identification, general demographic information and financial information. Or information generated by your use of our services. Finally, information provided as part of your use of the CDR web site such as your address, contact numbers or email address/s. We collect information about you to provide you with a particular product or service/s. We may also use personal information for related purposes such as providing our service or services, approving an application for CDR services, internal accounting and administration, including sharing information with our related bodies corporate or credit agencies for reporting purposes, providing your contact details to recommended suppliers (after your written consent to do so) and for other approved purposes, attempting to protect you and CDR from fraud, preventing credit infringement or developing a better understanding of your needs. If you do not provide us with your personal information, we cannot provide you with these services. Other than disclosure as required by law (for example, disclosure to various Government departments or to courts), our policy is that we do not generally give your personal information to other organisations unless you have given us your consent to do so. We may share your personal information with other third parties to help us run aspects of our business efficiently. Occasionally CDR might also use your personal information for other purposes or share your information with another organisation because:
• We believe it is necessary to provide you with a service that you have requested;
• We believe it necessary to implement our terms of service;
• We believe it is necessary to protect the rights, property or personal safety of another CDR customer, any member of the public or CDR.
• We believe it is necessary to do so to prevent or help detect fraud or serious credit infringements – for example, we may share information with other utility companies, credit reporting agencies, law enforcement agencies and fraud prevention units;
• All credit card transactions are processed securely and no card details stored.
• We believe it is necessary to protect the interests of CDR for example, disclosure to a court in the event of legal action to which CDR is a party; or