TERMS AND CONDITIONS
1. INTRODUCTION
Welcome to Shihaofilms. By booking our photography or videography services, you agree to abide by these Terms and Conditions. We specialize in real estate and corporate video services, offering photography, videography, drone footage, virtual staging, floor plans, and more. If you have any questions or concerns about these terms, please don’t hesitate to contact us before proceeding with our services.
2. BOOKING AND PAYMENT
To book our services, you must provide the necessary details, including property address (for real estate services), event details (for corporate video services), type of services required, and preferred date for the shoot. A formal confirmation email will be sent once your booking is accepted.
We will make every effort to accommodate your preferred date and time. However, scheduling is subject to availability.
- PAYMENT TERMS: Payment is due upon completion of the project or as specified in the invoice.
- LATE PAYMENTS: A late fee may be applied for payments not received within 30 days of the due date.
3. CANCELLATIONS AND RESCHEDULING
- CANCELLATIONS: If you wish to cancel a scheduled shoot, you must notify us at least 24 hours in advance. Cancellations made on-site or within 2 hours of the scheduled shoot may be subject to a 50% cancellation fee.
- RESCHEDULING: Rescheduling a shoot is possible if notified at least 24 hours prior to the scheduled date. We will work with you to find an alternative date based on availability.
4. CLIENT RESPONSIBILITIES
- ACCESS TO PROPERTY/EVENT: You are responsible for ensuring access to the property for real estate shoots or to the event location for corporate video services. If we cannot access the property or event due to client negligence, a rescheduling or cancellation fee may apply.
- PREPARATION OF PROPERTY/EVENT: For real estate shoots, we recommend preparing the property to ensure it is clean, well-lit, and staged. For corporate video shoots, you are responsible for ensuring the event or interview space is properly prepared for filming, including any necessary permissions or clearances. Additionally, please attend the shoot on-site to ensure maximum satisfaction with the images and video content.
- COPYRIGHT OF MATERIALS: You are responsible for obtaining any necessary permissions for photographing, filming, or recording individuals or property, especially for private or restricted areas.
5. COPYRIGHT AND USAGE RIGHTS
- OWNERSHIP OF CONTENT: All photos, videos, and other media produced during the shoot are owned by shihaofilms, and you are granted a license to use the Content for the specific purposes outlined in your Service Agreement.
- LICENSE GRANT: By using our Services, you are granted a non-exclusive, non-transferable license to use the Content for marketing, promotional, or corporate purposes. Any other use of the Content (e.g., commercial use outside of the intended purpose) requires written permission from us.
- MODIFICATIONS: You may not modify or alter the Content without our prior written consent.
6. PRIVACY AND DATA PROTECTION
We respect your privacy and are committed to protecting your personal information. Any personal data we collect from you will be processed in accordance with our Privacy Policy, which is available on our website.
7. LIABILITY
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PROPERTY DAMAGES: We will take all reasonable precautions to prevent any damage to the property or items during the photoshoot. However, we are not liable for any damages that may occur to the property, including any accidental damages during the shoot. We recommend ensuring that all valuable or fragile items are properly secured or removed before the shoot.
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LIMITATION OF LIABILITY: Our liability is strictly limited to the amount paid for the specific services rendered, and we shall not be liable for any indirect, incidental, consequential, or punitive damages, including but not limited to loss of income, delay, or loss of data, arising out of or in connection with the services provided.
8. FORCE MAJEURE
While we will do everything in our power to fulfill orders and meet your expectations, there are certain events beyond our control that may prevent us from doing so. In the event we are unable to fulfill your order, we will not be liable for any losses or damages, and no claims can be made against us. If we are unable to complete your shoot or provide the requested services, any deposit paid will be refunded.
Examples of circumstances beyond our control include, but are not limited to:
- HEALTH OR PERSONNEL ISSUES: Illness or injury of the videographer or team member on the day of the shoot, with no suitable replacement available.
- TRAVEL AND ARRIVAL ISSUES: Unforeseen travel delays or issues preventing us from arriving on time or at all.
- EQUIPMENT FAILURE: Failure of equipment, including cameras, lighting, and other gear. While we make every effort to maintain our equipment in top condition, we cannot guarantee it will always function as expected.
- DATA LOSS OR FAILURE: Failure or loss of storage devices, despite our best efforts to back up footage in multiple locations.
- EXTERNAL EVENTS: Events such as war, terrorism, natural disasters, strikes, civil unrest, restrictions on transportation, or similar emergencies that make it impossible, illegal, or economically unfeasible for us to fulfill our obligations.
In these circumstances, we reserve the right to terminate the agreement and services without liability for any damages or losses.
9. SAFETY
At Shihaofilms, the safety and well-being of our team, equipment, and the property we work on are a top priority. As such, we reserve the right to refuse any request or action if, in our sole discretion, we feel it would endanger our staff, equipment, or is unlawful. The following safety guidelines apply:
- WEATHER CONDITIONS: We will not conduct outdoor filming in adverse weather conditions such as rain, fog, or thunderstorms.
- UNSAFE OR HAZARDOUS LOCATIONS: We shall not enter any premises or locations that are deemed unsafe or hazardous to our team, including areas with significant structural damage, exposure to dangerous materials, or other health and safety risks.
- THREATS OR UNSAFE SITUATIONS: If we feel threatened, unsafe, or encounter unlawful activities, we reserve the right to leave the location immediately without completing the service.
Our goal is to ensure a safe and professional experience for all parties involved, and these guidelines are in place to help avoid any potential harm or unsafe situations.
10. SUB-CONTRACTING
Shihaofilms reserves the right to engage subcontractors to fulfill orders or services on our behalf. These subcontractors will act under the direction of shihaofilms and will be required to adhere to our standards and obligations. In the course of fulfilling these services, we may need to disclose your personal information and contract details to the subcontractors.
By booking our services, you consent to the potential involvement of subcontractors and the sharing of necessary information for the purpose of delivering the services as agreed.
11. SERVICE AREA AND TRAVEL FEES
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SERVICE AREA: Our standard service area covers locations within 50 km of the Sydney CBD. If your location is outside this range, additional fees may apply.
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TRAVEL FEE: For locations that exceed our standard service area of 50 km, a travel fee of $20 per 10 km will be charged for each additional 10 km beyond the 50 km radius from the Sydney CBD. These fees will be added to your final invoice.
12. FILE STORAGE AND REVISIONS
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ORIGINAL FILES: We will retain the original photos and footage for 90 days from the completion of your project. After this period, files will be securely deleted from our storage systems, and we will not be able to retrieve them.
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DELIVERY DOWNLOAD LINK: Upon delivering any files (such as raw footage, project deliverables, or other types of files) to you via Dropbox link, you must download and store them securely within 30 days. After this period, the link will expire, and you may no longer be able to access or download your content. We recommend downloading all files within this time frame to avoid any inconvenience.
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REVISIONS: If you believe the photographs or videos do not meet the agreed-upon standards, you must notify us within 48 hours of receiving the images or footage. We will address any valid concerns promptly and will provide revisions where necessary, depending on the nature of the issue. Revisions outside of this time frame may incur additional charges.
If you require access to your files after the specified periods, additional charges may apply, and file recovery cannot be guaranteed.
13. GOVERNING LAW
These Terms and Conditions are governed by and construed in accordance with the laws of New South Wales, Australia. Any disputes arising from or related to these Terms will be subject to the exclusive jurisdiction of the courts of New South Wales.
14. AMENDMENTS
We reserve the right to update or modify these Terms at any time. Any changes will be posted on our website, and the revised Terms will be effective immediately upon posting.
15. CONTACT INFORMATION
If you have any questions or concerns regarding these Terms and Conditions, please contact us at:
Shihaofilms
Email: info@shihaofilms.com.au
Website: shihaofilms.com.au