Terms and Conditions

Last Updated 17.02.2024.

In order to become a client of The Click Collective Pty Ltd (“The Click Co.”) or a user of any of The Click Collective’s services, you agree to the following terms and conditions. Your agreement to these terms will be indicated by: the execution of any contract, commencement or completion of any business activities, or use of any of The Click Collective’s services, whichever occurs first.

1. OVERVIEW
   • These terms and conditions shall govern the provision of photography, videography, drone work, branding, visual identity and any related services by The Click Collective.
   • Please read these terms and conditions carefully. If you do not accept these terms and conditions without modification, you may not use The Click Collective’s services. The Click Collective may revise these terms and conditions at any time by updating this posting. If the terms and conditions are revised, the original terms accepted by the client for a project will remain valid.
2. EXCLUSION AND LIMITATION OF LIABILITY
   • To the full extent permitted by law, The Click Collective hereby excludes all warranties not expressly set out herein except specifically set forth elsewhere in this agreement and gives no express or implied warranties including the warranties of merchantability or fitness for a particular purpose, or arising from a course of dealing, usage, trade practice, with respect to any goods or services under or incidental to this agreement. No oral or written information or advice given by The Click Collective, our resellers, agents, representatives or employees shall create a warranty or in any way increase the scope of the express warranties hereby given, and you may not rely on any such information or advice.
   • The Click Collective’s total aggregate liability to you for any claim in contract, negligence or otherwise arising out of or in connection to the provision of the services shall be limited to the charges by you in respect of the services which are the subject of any such claim.
   • In no event shall The Click Collective be liable to you for any loss of business, profits or anticipated savings or for any other indirect consequential or economic loss whatsoever.
3. LICENSE AND REPRODUCTION
   • The client has the right to use the image for the purpose outlined in the quote and invoice only. Any further reproduction or sharing is a breach of these terms.
   • The Click Collective retains ownership of any supplied photography. The license allows use for the Client for the specified reason in the quote and invoice.
4. PROPERTY RIGHTS AND OTHER CONSENTS
   • The client is solely responsible for obtaining any and all necessary intellectual rights clearances and/or other consents and authorisations.
5. INDEMNITY
   • The client agrees to indemnify and keep indemnified and hold The Click Collective harmless against any claim brought against The Click Collective by a third party resulting from the provision of services by The Click Collective to the client. This includes all losses, costs, actions, proceedings, damages, expenses (including reasonable legal costs) or liabilities, whatsoever suffered and howsoever incurred in consequence of the client’s breach or non-observance of these terms.
6. SEVERABILITY
   • If any clause of these terms and conditions is held to be invalid or unenforceable in whole or in part, the invalid or unenforceable shall be deemed to be omitted.
7. ASSIGNMENT
   • The benefit of this agreement may be assigned by The Click Collective, but not by the client. The Click Collective may give notice to the client in writing, and the client’s failure to respond will be deemed acceptance. The client may transfer this agreement provided that the client gives The Click Collective notice in the form The Click Collective requires (setting out the details of the assignee) including payment of any transfer fee specified by The Click Collective. No other transfer by the client is permitted.
8. ENTIRE AGREEMENT
   • These terms and conditions constitute the entire agreement and supersede all prior agreements, understandings, representations whether oral or written. No oral explanation or information given by any party shall alter the interpretation of these terms and conditions. Except as provided above, no variation be made to the contract unless it is in writing and signed by representatives of the client.
9. ENTIRE AGREEMENT, GOVERNING LAW
   • This agreement shall be governed by the laws in force in the State of Victoria, Australia. Both parties hereby submit to the exclusivity of the Courts of that State.
10. PRICING AND PROCEDURES
    • Prices are valid for 30 days from the date of the estimate or proposal. If work is not commenced within 30 days of acceptance, The Click Collective reserves the right to re-negotiate the price.
    • In some instance, The Click Collective may require that the client pay up to a 50% deposit at the start of the project or full payment on completion or delivery of photography or printed materials. In other cases, payment is due in 7 days from the date of invoice unless otherwise agreed on between the client and The Click Collective. All new Clients of The Click Collective Pty Ltd will be asked to pay a 50% deposit before commencing.
    • The client agrees to provide written acceptance or email acceptance before any work is commenced. This is done so via our quote acceptance form and is between the Client and The Click Collective concerning the work outlined in The Click Collective estimate.
    • All pricing supplied in estimates and advertised in The Click Collective catalogue or promotional material excludes GST.
    • If The Click Collective feels that any item requested by the client does not fit within the initial brief, the client may be charged additional fees. The item will either be quoted separately or charged as an extra, at full hourly rates.
    • The placement of an order for photography and/or any other services offered by The Click Collective and validated by either the client’s signature on the estimate or quotation form, or Client email or Client verbal acceptance (in the case of work with urgent timelines) constitute acceptance of the estimate or quotation and agreement to fully comply with all the Terms and Conditions.
    • In the event that any material necessary for the production of the project needs to be shipped to a third party (for example, for additional processing, photographic work, colour separation, print work, or binding), The Click Collective will incur no liability for losses incurred in transit or due to the delay of a third party.
    • The Click Collective shall not incur a liability or penalty for delays in the completion of the work due to action or negligence of the client, unusual transportation delays, public health measures, unforeseen illness or external forces beyond the control of The Click Collective. If such event(s) occur, it shall entitle The Click Collective to extend the completion\delivery date by the time equivalent to the period of such delay. The Click Collective may from time to time and without notice or liability to you suspend any of the services if the reason for doing so is an event beyond the reasonable control of The Click Collective.
    • The Click Collective reserves the right to suspend services in any case where the client fails to perform its obligations under this agreement.
    • All advertising of pricing is subject to change at any time without notice.
    • Additional charges may be added to an estimate for costs incurred for services or items required to complete a job for the client. These may include edits, courier fees, proofing/printouts, artwork retrieval and the purchase of materials, or services supplied by third parties.
    • All prices quoted are, in the absence of specific written agreement to the contrary, estimates only. The Click Collective estimates for photography or related work are based upon projected working hours at the current studio rate, plus materials and are subject to amendments on or after acceptance to meet any rise or fall in such rates or material costs. Any increased charges of costs arising from alterations or additions to the contractual specifications or to work previously approved, required to complete the job, such as edits, courier fees, proofing/printouts, artwork retrieval and the purchase of materials, or services supplied by third parties may be charged to the client.
    • A quote becomes binding when it is also accompanied by a signed contract and paid deposit or entire fees. Until this is done a quote is subject to change.
    • The estimated timeframe of the delivery of assets is outlined in the quote. This can be subject to change.
    • The Click Collective will liaise with a single point of contact with the Client. Reasonable project management is expected with each job to include correspondence for organise the photoshoot, quoting and invoicing. Excessive project management will be chargeable at the hourly rate.
    • In the instance that the Client wishes to have additional props, materials or other items for the shoot they are to either be supplied by the Client or they will be added to the total invoice for reimbursement.
    • It is the responsibility of the Client to ensure that all animals, pets etc are restrained in a safe, secure location prior to any drone use. Failure to do so can cause harm, injury or potential death to animals or operators. Liability will stand with the client should these instructions not be met. The Click Co retain the right to discontinue service if safety protocols are breached.
    • The client agrees to fill out the ‘Corporate Brief Questionnaire’ to provide details for the project. Any changes to the project that are not outlined in the given response is chargeable.
    • It is the responsibility of The Client to ensure that the subject to be photographed is in a clean manner and ready for the photoshoot. Click Co are not responsible for preparing any subjects to be suitable for photographing. Click Co also reserve the right to reschedule or cancel a photoshoot if a subject is not in a manner suitable to photograph.
    • The client is entitled to one revision of supplied images so long as the change does not conflict with the ‘Corporate Brief Questionnaire’ outcome. Additional revisions will be charged at the hourly rate to complete.
    • In the event that collateral is requested to be re-supplied after the initial supply a fee will be chargeable for supply. The fee will be based on time required to deliver the assets at the hourly rate.
    • Click Co reserve the right to cancel or postpone any planned project if the subject is not deemed suitable for the shoot, such as cleanliness.
11. PAYMENT
    • The Click Collective will provide a tax invoice for all projects completed or in progress for immediate payment as specified on the tax invoice.
    • For new The Click Collective clients, a deposit of up to 50% will be required before work can commence, with the remaining amount payable on completion. 
    • When a project extends 30 days past the commencement date or when specific project milestones are reached, The Click Collective reserves the right to issue the client with a ‘progress payment’ invoice. In most cases this “progress payment” may include the time used to date.
    • When photography is completed and requires print or manufacture to complete the project, an invoice is issued at the time it is sent to print/production. Delivery of the product will arrive prior to the 7 days allowed for payment.
    • Payment is always required within the time frame specified on the invoice. If payment is not received within the specified period, The Click Collective reserves the right to charge interest on the outstanding amount until the overdue account is paid in full. This will be charged at an additional 2% per calendar month.
    • For retainer contracts an invoice will be supplied at the end of every month, which will require payment within 7 days. If for some reason the client wishes to conclude the retainer agreement early, they will be liable for the full amount of the remainder of the retainer contract, less a 10% discount and payment within 30 days of the agreement conclusion.
    • If a project is required with under 24 hours notice or 24 hours delivery from the shoot time a rush fee will be applied to the job to compensate for the disruption this may cause to our workload. The client will be notified if a rush fee will be applied prior to commencement of the project. Rush fees include a $180+GST fee plus an additional 25% loading to the overall job.
    • If a client wishes to cancel, postpone or rearrange a job prior to 24 hours to the scheduled shoot date a credit valued to amount paid will be given or a rearranged date provided if available. Within 24 hours of the scheduled date forfeits the right to a credit or rearranged date unless at The Click Collective’s discretion.
    • If a client cancels a meeting, appointment or any other pre-arranged item relating to project management within 24 hours of the arranged time, they will be billed accordingly.
    • If a shoot, meeting or other appointment is cancelled by The Collective due to reasons out of their control such as but not limited to staff sickness, equipment failure and environmental reasons the Client will be entitled to either a credit of the same value or a rearranged session. Notice will be given where possible for cancellations. 
    • Payment is required prior to collateral (photos, videos etc) being provided to the Client. Invoices will be distributed on the day of the project or shoot or prior for corporate work with 7-day payment terms.
    • Payment for services and products is accepted via electronic funds transfer (EFT) or credit card. Accepted credit cards are Visa and MasterCard. If payment is made via credit card an additional 1.75% charge will be added. Cash is not accepted by Click Co as a form of payment.
12. TRAVEL
    • Travel that is under 100km from Ballarat to the Shoot Location is charged at The Click Collective’s travel rate of $30 per hour.
    • Travel that is over 100km from Ballarat to the Shoot Location is chargeable to the Client for all costs accrued for and not limited to travel, public transport, accommodation and associated fees.
13. ARTWORK/PHOTOGRAPHY SPECIFICATIONS
    • When accepting artwork proofs, the client is held fully responsible for accepting all content. This includes design, spelling, grammar and quality. It is the client’s responsibility to request another copy if the proof is difficult to read or if changes are required. The client’s final accepted proof is what will be printed. There will be no reprints at The Click Collective’s expense.
    • Clients who send in their own artwork/photography are fully responsible for the end result. Clients are reminded to submit print-ready artwork with the correct specifications. We will print whatever you submit but take no responsibility for artwork mistakes or product quality. There will be no reprints at The Click Collective’s expense.
    • It is the client’s responsibility to ensure that any art/brief that is submitted does not violate Australian law. The Click Collective will assume the artwork or content the client submits is legally the client’s property and the client indemnifies The Click Collective accordingly.
    • If errors are noticed and if changes are required to your artwork, The Click Collective will contact you to avoid possible printing/production problems occurring. An artwork fee will be charged for any changes required. There will be no reprints at The Click Collective’s expense.
    • Laser proofs, digital proofs and screen proofs are not 100% accurate and variation may occur due to printing method, type of proof and the medium that the artwork is printed on. The Click Collective attempts to minimise variations as best as possible and cannot be held responsible for any deviation from the client’s expectations as long as it is fit for the purpose. To ensure accuracy, Clients may request a press check.
    • Should there be a change of direction or new concept that differs from the initial brief, additional fees will be payable according to time/materials involved. The Click Collective will notify you of this and the additional quote/s will be provided.
    • Your artwork, photographs, images, and data will not be archived or stored unless specifically agreed in writing by The Click Collective prior to the work commencing. The Click Collective holds no responsibility for archiving artwork, photographs, images, and data and has no obligation to replace or provide any of these items after they have been completed and supplied for their single specific purpose as outlined in the approved estimate agreement.
    • Clients are not permitted to apply further processing, changes or edits to any artwork, photographs or images that have been provided by The Click Collective.
    • Raw file formats will not be provided to The Client. Edited file types such JPG, PNG, MP5 etc will be provided based on the requirement of the job.
14. CREDIT
    • The client agrees to allow The Click Collective to showcase the client’s photography and art and other designs, along with a link to the client’s site on The Click Collective’s own website and social media accounts for promotional purposes.
15. INTELLECTUAL PROPERTY
    • The Click Collective is the owner of all intellectual property including copyright in all artistic and literary works (including but not limited to images, photographs, videos – the “Works”) created by The Click Collective or its agents.
    • The Works have been created for the client for a specific purpose. The Click Collective licences the client to use the Works for the client’s specific purpose only. The Works may not be used for any other purpose unless authorisation is given in writing from The Click Collective. The Click Collective does not authorise the perpetual use of the Works, nor any reproduction, selling or hire of the Works or any items or materials used in the Works supplied by third parties.
    • The Click Collective retains the right to use the Works in any of its own marketing collateral.
    • The Click Collective’s rights will not affect any pre-existing intellectual property rights of terms or materials used in the Works. For example, The Click Collective may make use of external image libraries and text, images, materials and ideas supplied by the client or a third party. If the client provides any items or materials to The Click Collective for use in the Works, the client warrants that the use of the items or materials will not infringe the rights of any third party and indemnifies The Click Collective for any loss or damage arising from any such infringement.
16. TRADEMARKS
    • Any work created by The Click Collective over which the client obtains ownership will not automatically be protected by a trademark. This includes items such as Words, Names, Images, Branding, an aspect of shape, colour, sound or scent – or any combination of these.
    • It is the responsibility of the client and/or owner to investigate the availability or possibility of registering the work as a trademark and to undertake the process of registration.
17. SOLICITATION OF EMPLOYEES
    • Throughout the duration of any project and for a period of 25 months thereafter, the client shall not solicit or endeavour to entice away an employee, agent or any sub-contractors of The Click Collective with an offer of employment (salary or freelance) unless The Click Collective has expressed permission in writing for that offer to take place.