Terms and Conditions

  1. DEFINITIONS
    1. SOCIAL VIDEO/we/us/our means Social Video LLC.
    2. Claim means any claim, demand, cause of action, suit, liability or proceeding of any nature whether actual or threatened.
    3. Loss means any liability, cost, expense, loss or damage and in relation to a Claim, includes amounts payable on a Claim (whether or not the Claim is successful) and legal costs and expenses on a lawyer/attorney and own client basis.
    4. CLIENTS means those people/businesses who contract with us to create videos for them or who purchase a Package.
    5. PACKAGE means a high quality promotional video package of more than 1 deliverable.
    6. Social Videos means video content created by us for our CLIENTS.
    7. Services means our services supplied in conjunction with and ancillary to the Social Videos, including our Website, any future App and the interactive environment provided by Social Video that enables users of our Website and our App to view videos  (“;interactive services”).
    8. Terms mean these CLIENTS terms and conditions of sale.
    9. Website mean https://socialvideo.online or any sub domain associated
    10. Website Terms means the general website terms and conditions located at https://live.socialvideo.online/terms
    11. You/your means each of our CLIENTS.
  2. BINDING CONTRACT
    1. These Terms form a contract between us. They apply to your Purchase, the sale of videos, the sale of Packages and the supply of our Services, to the exclusion of any other terms. By becoming a CLIENT and using our Services, you agree to be bound by these Terms, the Website Terms and the SOCIAL VIDEO Privacy Policy (https://live.socialvideo.online/privacy) as applicable and any other terms notified to you by SOCIAL VIDEO.
    2. The Website Terms and our Privacy Policy are incorporated into and form part of these Terms.
    3. We reserve the right, at our sole discretion, to change our Website, App, Services and these Terms at any time and without prior notice. It is your responsibility to check the “Last Updated” date at the top of these Terms. By continuing to access or use our Website, App or Services after we have changed these Terms, you are indicating that you agree to be bound by the changed Terms. If the changed Terms are not acceptable to you, your only recourse is to cease using our Website, App and Services.
    4. We will not change our quoted prices contained in valid quotes or during your current Subscription Service. We will not change the prices for Packages contained in valid quotes or which have already been accepted by you. We do reserve the right to update package pricing upon annual renewals.
  3. PLACING ORDERS
    1. Details of each Package category are as published on our Website from time to time.
    2. You must provide true and accurate information when completing the Package account registration. You must not share your Client details with any third party.
    3. Subscriptions are for minimum of 3 months. These can be renewed at the end of 3 months based on renewal offerings.
    4. We reserve the right to accept or reject any Subscription application or order for a Package placed by you. We will communicate any non-acceptance of Package or order within 1 week of your submission.
  4. PRICING
    1. For Packages and other offers prices are as published on our Website and are current at the time of display.
    2. For custom work not defined by a Package prices are good for 30 days from submission of quoted estimate to you.
    3. If a shoot for a Video is required outside of any metropolitan area, then we reserve the right to on-charge to you any out-of-pocket expenses which we incur as a result. We will obtain your prior approval before incurring any such expenses. Any out-of-pocket expenses will be passed on to you at cost. Invoices for out of pocket expenses must be paid by you within 14 days after the date of our invoice.
    4. Unless otherwise stated, all prices displayed on our Website or in our quotes are exclusive of goods and services tax, withholding tax and any other taxes. If it is a legal requirement in the jurisdiction in which you are a resident, any taxes will be payable in addition.
  5. FOREIGN CURRENCY
    1. We will endeavour to display all prices on our Website and in our quotes, in the currency of the geographic location from which you either access our Website or the geographic location in which you receive the quote. However, the currencies available for making payments may be limited, and may not include the local currency in any given geographic location. You should always check the stated currency as displayed on our Website or in our quotes.
    2. Please note that your payment company (for example, your credit card provider or financial institution) will use a currency conversion rate for and may impose a currency conversion fee on your payment, if your card or financial institution account is denominated in a currency that is different from the currency displayed on our Website or in our quotes. Similarly, third party payment processors may also use a currency conversion rate or impose a currency conversion fee on your payment. All of these currency conversion rates and fees are not controlled by or known to us.
  6. PAYMENT
    1. Our prices are payable in full up front, and in any event in advance of filming, unless otherwise agreed when you become a Client via our Website or as otherwise may be agreed in writing. Only one invoice for the full price of your Client or Package will be provided to you.
    2. Payment by installments will only be granted at our discretion, must be confirmed by us in writing and will only be permitted provided that you first enter into a direct debit arrangement with us, which allows us to automatically debit agreed installments from your account with an approved financial institution or from an approved credit card account or other approved third party payment processing account.
    3. It is an essential condition of giving you permission to pay by installments, that you:
      1. accurately complete all forms and other documents that we provide to you (such as direct debit authority forms);
      2. irrevocably and unconditionally authorize us to debit all installments and other moneys owing or payable to us from your nominated account, credit card account or other approved third party payment processing account; and
      3. keep sufficient funds in your nominated account, credit card account or make available sufficient funds through your approved third party payment processor to meet your obligations under these Terms and do not close or default on any of those accounts or breach the terms of use of your approved third party payment processing account.
    4. Bank transaction fees and Government taxes may apply to your direct debit arrangement.
    5. We reserve the right to charge a payment processing fee on direct debit payments. Payment processing fees will be disclosed on our Website or in your quote.
    6. If you wish to change your direct debit arrangement (including your bank details or credit card expiry date), you must provide us with a new direct debit authority at least 7 business days prior to the next payment.
    7. If sufficient funds are not available at the time we process a payment, a bad debt fee may be charged by both us and your financial institution, credit card provider or other third party payment processor to cover reasonable administrative and processing costs.
    8. We may terminate your direct debit arrangement if any installment payment is refused by your financial institution, credit card provider or third party payment processor.
    9. You may not terminate your direct debit arrangement without our prior written consent. We reserve the right to require payment of all outstanding installments and other amounts owing or payable to us as a condition of our consent.
    10. We reserve the right to charge interest on all overdue payments at the rate of 1% per month from the due date for payment until the date that payment is actually made. Plus an additional $25 a month processing fee.
    11. If you default in any payment, you breach these Terms, your direct debit arrangement is terminated without our consent, or if you commit any act of bankruptcy, appoint an administrator or commit an act which entitles a third party to make an application to wind you up or appoint a receiver or receiver and manager to you or any of your assets or if you pass a resolution to wind yourself up or you enter into any arrangement or compromise with any of your creditors (or anything similar occurs in any jurisdiction) (“Events of Default”), then:
      1. the date for payment of all moneys owing and outstanding to us, irrespective of whether the due date as per the invoice has passed, will accelerate and become immediately due and payable and you irrevocably authorize us to debit such amounts due and payable from your nominated financial institution account, credit card or third party payment processing account;
      2. we may demand immediate payment of any other moneys owing or payable to us pursuant to these Terms including any outstanding payment installments and other out of pocket expenses incurred, but not yet invoiced; and
      3. we may cancel or postpone any booked film shoots and we may cancel or suspend the supply of further Services to you including in respect of your Client status and the part or whole of any Package, not yet supplied as at the date of the Event of Default.
    12. You agree to indemnify us against all Claims and Loss that we suffer or incur in connection with the recovery of any monies due and payable but unpaid by you.
  7. BOOKING FILM SHOOTS
    1. No arrangements will be made to produce a Video before any payment due is received, unless agreed in writing.
    2. For online clients booking via our Website, the estimated timeframe to shoot your Video will either be as published on our Website or as we otherwise inform you.
    3. For all other Clients, we will inform you of the estimated timeframe to shoot your Video as set in our quote, or at the time of acceptance of your application, as relevant.
    4. You must make yourself available within those estimated timeframes.
    5. An approved script must be reviewed by both the client and director before recording is scheduled.
    6. Lead times to book a shoot for your Package will vary depending on your location, the location of the required shoot and our existing commitments. We will provide you with our current lead times on request. It is your obligation to ensure that you book all shoots for the components of your Package.
    7. We will use best endeavors to ensure that we are available for filming within our estimated timeframes (for Client Videos) and at the times that you book shoots (for Packages). However, shoots may be delayed by circumstances outside of our reasonable control, including transport and/or accommodation shortages, accidents and breakdowns of filming equipment. You acknowledge that we are under no liability or obligation for any failure to be available as a result.
    8. If a shoot is delayed, will let you know as soon as possible and make new arrangements for the shoot.
  8. VIDEOS INTELLECTUAL PROPERTY AND CONTENT
    1. If you would like us to create a Video for your business (which includes each Video included in a Package), you:
      1. must have a current Client;
      2. agree that while we will seek to accommodate your reasonable requests, we have full directorial and editorial control over the content of the Video; and
      3. must provide us with any reasonable access and assistance we require to create the Video.
    2. We own all rights and property (including copyright) in the Videos that we create and we may use, modify, distribute and exploit those Videos without restriction, including by publishing them via our Website and App and distributing them to third parties.
    3. If you have purchased a Video or Package, we grant you a limited, non-exclusive, non-transferable license to use any completed parts of the Package in the ordinary course of your ordinary business. This license will automatically terminate, if you breach these Terms, default in any payment or if an Event of Default occurs. If this license is terminated, we may, in our sole discretion, reinstate this license if the relevant breach, payment default or Event of Default is rectified.
    4. You grant us a perpetual, worldwide, non-exclusive, non-transferable and royalty-free license to use any of your trademarks, branding, logos and other intellectual property rights in the creation of a Review Video for you.
    5. We own or license all Videos and other content forming part of our Services (“Content”). You do not have any right, title or interest in any Content except as set out in these Terms.
    6. We grant you a limited, non-exclusive, non- transferable license to use Content as necessary to use our Services in accordance with your Client agreement.
  9. USE OF OUR SERVICES
    1. You are responsible for your use of our Services and all use of your Client status.
    2. In using our Services, your Client status, you must:
      1. not breach any law or infringe the rights of any third party;
      2. not alter or modify any part of our Services or interfere with any features of our Services that are designed to protect users of our Services, Content or the security of our Services;
      3. not download, copy, re-sell, re-supply, distribute or commercially exploit any part of a Video or our Services except as permitted under your current Package, or as set out in these Terms;
      4. not use any technology or means other than our Website or App for your Client engagement unless authorized by us in writing;
      5. not introduce any computer virus or other contaminant (including bugs, worms, logic bombs or Trojan horses) into our Services or use any automated software routine (e.g. bots) to access our Services;
      6. not bring us or any of our other Clients or customers into disrepute; and
      7. comply with our reasonable directions in relation to your use of our Services.
    3. You indemnify us against all Claims and Loss suffered or incurred by us in connection with:
      1. your breach of any law or your infringement of the rights of a third party;
      2. your breach of any warranty that you give in these Terms;
      3. your infringement of our rights in the Videos;
      4. your access to and use of the Videos we create and our Services and any of your acts and omissions or any directions you take or give in connection with our Services; and
  10. CLIENT SUSPENSION AND CANCELLATION
    1. Accepted Clients and orders may only be cancelled by you on terms that indemnify us for all Claims and Loss which we may suffer or incur in connection with your cancellation. You acknowledge and agree that a significant part of our costs of supply of our Memberships and Packages are incurred in advance of filming. We therefore reserve the right to recover pursuant to this indemnity, any unpaid balance of the full price for a Membership or Package, in the event of a cancellation after we have incurred costs or you have already booked the first shoot.
    2. Social Video may cancel your Clients status, a Package or any part of our Services for convenience on one month’s written notice. If you have paid for your Membership in full upfront, you will receive a pro-rata refund for the outstanding portion of your 12 month’s Client subscription calculated based on the number of days from the date of cancellation until the expiry of your 12 month Client subscription period. If you are paying for your Subscription by direct debits, you will not be required to pay any further direct debits after the date of cancellation. If you have received a Package, you will receive a pro rata refund for that part of your Package which has not yet been produced and you may use any produced parts of your Package subject to the limited, non-exclusive, non-transferable license set out above.
    3. We may suspend or cancel your Client status and/or providing services to you (for example, shoots which have been booked) and/or your use of our Services immediately by written notice if:
      1. you do not pay any moneys payable to us by their due date for payment;
      2. you breach these Terms and the breach cannot be remedied;
      3. you breach these Terms (excluding your payment obligations) and the breach is not remedied within one month of us requiring you to do so; and
      4. an event beyond our reasonable control prevents us from providing our Services for a period of one month.
    4. You must immediately stop using the Client Services if you cancel your Subscription or if we suspend or cancel your Subscription or the use of our Services.
    5. If we suspend or cancel your Subscription and/or providing services to you and/or your use of our Services, you may not apply for a new Subscription or attempt to access and use our Services through another account.
  11. LIMITATIONS AND EXCLUSIONS OF LIABILITY
    1. You warrant that you will not use any of our goods and services for personal, domestic or household purposes.
    2. To the extent permitted by law, (including the provisions of the ACL in relation to “major failures”), our liability for breach of any consumer guarantees and non-excludable rights is limited at our option to any one or more of the following:
      1. in the case of goods – the repair of the goods, the replacement of the goods or the supply of equivalent goods or to the payment of the costs of repair, replacement or supply of equivalent goods; and
      2. in the case of advice, recommendations, information, or other services, by supplying the advice, recommendations, information, or other services again, or to the payment of the cost of resupplying the advice, recommendations, information or other services.
    3. To the extent permitted by law we will NOT be liable to you:
      1. or to any third party for any failure to supply any of our goods and services in connection with anything that is beyond our reasonable control; or
      2. for any loss of profits, business interruptions, business down time, loss of information/data, loss of business, loss of opportunity, or any indirect, incidental or consequential losses, irrespective of how they arise.
  12. DISCLOSURE AND PRIVACY NOTICE
    1. You agree that we may disclose details about your business such as the name of your business, business address and website, nature of your business, contact person and contact phone number to other businesses who may have a product offering that is relevant to your business.
    2. We will collect, use, store and disclose personal information you provide in accordance with our Privacy Policy (https://www.wecreatevideo.com/privacy). You consent to us disclosing the personal information of a contact name and contact phone number for the purposes of the subclause above.
  13. MISCELLANEOUS
    1. If you are a resident of the United States of America, this agreement shall be governed by and interpreted in accordance with the laws of the State of Washington. The United States Arbitration Act shall govern the interpretation, enforcement and proceedings pursuant to the arbitration clause in these Terms. Any dispute, controversy or Claim arising out of or relating to these Terms, or the breach thereof, shall be finally settled by arbitration administered by the American Arbitration Association in accordance with its Commercial (or other) Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
    2. Social Video provides the Services from the United States. If you use our Services from outside of United States, you are responsible for ensuring compliance with local law in relation to your Subscription and your use of our Services.
    3. You must not assign your rights or sub-contract your obligations under these Terms without our written consent. We may assign our rights or sub-contract our obligations under these Terms without restriction.
    4. To the extent permitted by law, these Terms contain our entire agreement with respect to its subject matter and supersede all previous agreements, representations and discussions and you warrant you have not relied on any such agreements, representations or discussions.
    5. We may give you notices under these Terms in writing by any lawful means, including by hand, post, fax, email and by posting on the Website. You may give us notices under these Terms in writing using the contact details set out at https://live.socialvideo.online/contact-us.
    6. If any part of these Terms is void or unenforceable, that part is taken to be removed from these Terms and the remaining Terms continue to have full effect.
    7. Any provision of these Terms which are expressed to or, by their nature, survive the termination of these Terms, will survive such termination.