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Terms & Conditions

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  1. Interpretation
    • For the purpose of this agreement and unless otherwise stated in writing:
    • “BEAL Creative” shall mean BEAL Creative PTY LTD, ABN 89 659 001 591 and its respective successors and assigns.
    • “Buyer” shall mean the Buyer named on any quote, invoice, purchase order, or any other document produced in relation to this agreement, or any person acting on behalf of and with the authority of the Buyer.
    • “Goods” shall mean all Goods supplied by BEAL Creative to the Buyer or ordered by the Buyer but not yet supplied and includes Goods described on any quote, invoice, purchase order, or any other document including any recommendations and advice.
    • “Services” shall mean all Services supplied by BEAL Creative and includes any Services outlined in any quote, invoice, purchase order, or any other documentation produced in relation to this agreement including any recommendations and advice.
  2. Acceptance of Quotes
    • Acceptance of the quote will constitute acceptance of BEAL Creative’s Terms and Conditions. Acceptance of the quote is confirmed by written acceptance of the quote; or providing written instructions to BEAL Creative to proceed. The Buyer warrants that the persons accepting the quote and/or providing instructions to BEAL Creative to perform the Services are duly authorised by the Buyer.
    • Any Services that aren’t expressed in the quote will be charged at our standard rate of $150/hour excluding GST.
  3. Payment Terms
    • Website
      40% of the accepted quote is payable upon acceptance of the quote. BEAL Creative will invoice in 3 stages. Payment is required in full prior to a site ‘going live’.
      40% deposit is non-refundable once any work has commenced.

      Any additional approved charges during the project will be invoiced with the balance payable of the completion of the project.
    • Media
      A non refundable 20% of the accepted video/photo capture quote is required to secure a booking to capture photo or video. The remaining 80% of the accepted video/photo capture quote is to be paid within 48 hours of commencing a video/photo capture – capture bookings are cancelled if payment has not been received prior to the capture date.
      50% of the accepted video creation quote is to be paid prior to commencing the video creation.

      The remaining 50% of the video creation is due on completion of the video.

      Travel to capture locations is charged at $1.00+GST per km – one way

      If accommodation is required, the client is required to pay for the agreed accommodation and fees.
    • Advertising

      Monthly fees are invoiced 2 weeks prior to the start / continuance of any work. Unless prior agreements are made, work may be suspended if payment is not received by the start / continuance date of any work.
    • All accounts are to be settled in full by the due date.
    • Should the Buyer default in the payment of any monies due under this agreement, than all monies due to BEAL Creative will become due and payable with fourteen days of the date of demand. BEAL Creative shall be entitled to charge interest on all amounts not paid by the due date for payment and the Buyer undertakes to pay any interest so charged. Interest will be charged on a daily basis from the due date at 3% per month or part thereof.
    • New Business Payment Option

      In addition to the payment terms above, a 12 monthly payment contract can be offered to new business. If this is offered and accepted, the total quoted price is payable over 12 monthly repayments, work only commences once the first payment has been received, all work is paused if a payment is not received by the invoiced date. Ownership of BEAL products is not transferred to the client until all monies owed has been paid. For 12 monthly agreements full access to websites and hosting is not provided until all monies owed has been paid.
  4. Delay
    • BEAL Creative will not be liable for any failure or delay in the delivery of Services in relation to this quote.
    • Client caused delays may result in variation to the price of the quote and scheduled completion date.
  5. Intellectual Property
    • Any material whatsoever which may be subject to any form of trademark or copyright that is displayed as part of the website is to be supplied by the client or related parties who warrant to have obtained all proper consent necessary for use of such material.
    • Where BEAL Creative produces any strategy, design, pattern, code, or specification during the manufacture or the Services, intellectual property in them remains with BEAL Creative, and may only be reproduced or copied with the written consent of BEAL Creative.
  6. Title & Risk
    • Risk passes to the Buyer upon delivery of the Services. The Services shall remain the property of BEAL Creative until all debts due are paid in full.
    • If the Buyer fails to pay the debt owed by the due date for payment, BEAL Creative reserves the right to suspend any and all accounts associated with Buyer’s account.
    • If debts are not settled within 30 days, and no discussions have been had with BEAL Creative debt collectors will be engaged to to recover any and all outstanding monies.
    • The Buyer shall indemnify BEAL Creative. against any loss or expense arising from the Buyer breaching this contract.
    • BEAL Creative. will not be liable to the Buyer for any loss or damage the Buyer suffers because BEAL Creative exercised its rights under this clause.
  7. Data Security
    • BEAL Creative is not responsible to you or any third party for unauthorised access to your data or the unauthorised use of the Services. The Buyer is responsible for the use of the Services, and any person who gains access to your data or the Services by any employee of yours, any person you authorise to use the Services, any person to whom you have given access to the Services, and any person who gains access to your data or Services as a result of your failure to use reasonable security precautions, even if such use was not authorised by you.
  8. Indemnity & Qualifications
    • The Buyer agrees that no claim shall be made against BEAL Creative and any of its directors, officers, partners, employees or agents (“Indemnity Persons”) to recover any loss or damage which the Buyer or its associates may suffer by reason of or arising out of anything done or omitted in relation to the provision of the Services described in this quote.
    • The Buyer must indemnify and keep indemnified BEAL Creative and the Indemnified Persons in respect of any claim, action, damage, loss, liability, cost, charge, expense or payment however arising (“Loss”) made or brought against, or paid, suffered, incurred by any Indemnified Person as a result of or in connections with, directly or indirectly, the provision of Goods or Services, described in this quote, including without limitation legal costs on a full indemnity basis.
    • The maximum amount for which BEAL Creative or the Indemnified Persons will be liable in respect of Loss made or brought against, or paid, suffered incurred by the Buyer or related party as a result of or in connection with this quote, is the total fees paid to BEAL Creative in relation to this engagement.
    • The remedies contained in this clause are without prejudice to and in addition to any warranties, indemnities, remedies or other rights provided by law, statute and/or under any other provision of this quote for the benefit of BEAL Creative.
  9. Variations
    • This order cannot be altered, varied or modified without the written consent of BEAL Creative and any variations to the order may be charged for.
  10. Cancellation
    • In the event that the Buyer terminates the agreement the Buyer shall be liable for all costs and expenses incurred by BEAL Creative up to the date of receipt of notice of termination by the Buyer, including costs which BEAL Creative is liable to pay after the date of receipt of the notice. The Buyer hereby authorises BEAL Creative to deduct all expenses incurred by BEAL Creative up to the date of termination from any deposit held by BEAL Creative in relation to the works. The Buyer is liable to pay for any costs exceeding the deposit held.
  11. Notices
    • Any changes to the Buyer details including name, address, telephone, email or any changes in ownership structure of the Buyer required written notice to BEAL Creative within fourteen (14) business days of such changes being made.
  12. Force Majeure
    • No party under this agreement shall be liable for any breach of any provision of this contract arising from an act of God, natural disaster, terrorism, war, or any other occurrence beyond the control of any party.
  13. Jurisdiction
    • This agreement shall be governed by and construed in accordance with the laws of the Courts of Victoria. The Buyer submits to the jurisdiction of the Courts of Victoria.
  14. General
    • If any Terms or Conditions contained in the document are found to be unenforceable for reasons of invalidity or illegality, the remaining provisions shall not be affected in any way whatsoever.
  15. Client’s Responsibilities
    • To ensure a successful project outcome, we require the client to provide content, feedback and approvals in a reliable, accurate, and timely manner. Content includes but is not limited to logos, text, photos, videos, graphics, or animations.
      Feedback or requests are to be provided via email, marker.io or through a screen recording with voice over – updates and any requested work will not proceed unless feedback or requests are provided in this manner.
    • BEAL Creative will provide email approval requests at certain stages of a project. Approval for any work is to be provided by email to hello@bealcreative.com.au.

Media Shoots

  1. Booking & Payment
    • Media shoots need to be paid for in full before the date of the photo shoot.
  2. Cancellations
    • If you need to cancel, please inform us at least 48 hours in advance. Cancellations made within 24 hours of the scheduled shoot may incur a cancellation fee of to 50% of the total fee. 1 – 2 hour shoots are charged in full.
  3. Rescheduling
    • Clients may reschedule once without penalty if notice is given at least 48 hours in advance. Subsequent rescheduling may incur additional charges.
  4. Weather Conditions
    • For outdoor shoots, we reserve the right to reschedule due to weather conditions. In such cases, rescheduling fees do not apply.
  5. Photographer’s Rights
    • We retain the right to cancel or reschedule due to unforeseen circumstances, with a full refund or an alternative date offered.
  6. Client Responsibility
    • Arriving on time is essential – Delays exceeding 15 minutes or more may result in a shortened session or additional charges.
  7. Image Use
    • We may use selected images for promotional purposes unless otherwise agreed upon in writing prior to the shoot.