“Company” – The Peoples Republic QLD Pty Ltd (Trading as TPR Media)
“Client” – Company listed in campaign particulars
• “Services” Pay-Per-Click Advertising (PPC). PPC is the management of pay-per-click advertising mediums for the purposes of delivering visitors to websites.
• “Company” The Company, as detailed within the “Campaign Particulars” shall supply the “Services” under the terms of this agreement to the “Client”.
• “Client” The Client, as detailed within the “Campaign Particulars” and including its representatives shall receive the “Services” under the terms of this agreement from the “Company”.
• “Campaign Particulars” The Campaign Particulars comprises the components of the Adwords campaign including but not limited to the number of targeted key phrases, the “Term”, the “Fee” and guarantees where included.
• “Term” The time period for which this agreement applies.
• “Website” The location defined by the unique resource locator (URL) being targeted by the campaign.
• “Key Phrases” The mutually agreed target search phrases for which the “services” apply.
• “Fee” The “Client” agrees to pay the “Company” for the “services” to the agreed total of the “term”. Payments may be made in
instalments in accordance with the “campaign particulars”.
1. The Company agrees to provide the “Client” with the “Services” as detailed in the campaign particulars email and is authorised to use the “Key Phrases” to attempt to improve the ranking of and/or positioning of the “Website” within search engines.
2. The “Client” shall acknowledge and accept the campaign particulars by reply email prior to the campaign commencing and in doing so enters this agreement for the provision of the “Services”.
3. For the purposes of providing these services, “Client” agrees to provide where applicable: Google Analytics log in details, suggested key phrases for key phrase testing and any copy suggestions for Ad creation.
4. The “Client” agrees that this agreement shall continue for the “term” from the date of this agreement. Either party may terminate this agreement by giving each other one month’s written notice after the expiry of the “term” from the date of this agreement. In the event that the “Client” terminates the “services” within the “term” from the date of this agreement, the “Client” agrees that it shall be liable for and shall pay the “fee” for the balance remaining of the “term”.
5. The “Client” acknowledges and agrees that:
a) The “Company” has no control over the policies of media websites with respect to the type of sites and/or content that they accept now or in the future. The “Client” site may be excluded from any website at any time at the sole discretion of the media website.
b) Keyphrases selected for PPC must be mutually agreed to by the “Client” and the “Company”.
c) The “Client” shall make periodic payments for the management “fee” according to the “campaign particulars”. Payments must be made or direct debits scheduled in advance for the payment period. No work will commence until such payment is made or direct debit scheduled. In the event of a failed debit attempt, the “Client” agrees to be debited an administration fee of $9.90 inc GST by the 3rd Party debit provider engaged by the “Company”.
d) The monthly budget for click volume spend must be agreed upon before commencing service.
e) The “Company” shall deploy its labours and assets towards the supply of the “services” including but not limited to its intellectual property, research and development, content, reporting and advisory services as they relate to the “campaign particulars”. The “Client” acknowledges that the provision of these labours and assets will occur without relation to the instalment payments of the “fee”.
f) The “Client” acknowledges that the “Company” makes no warranty that PPC will generate an increase in sales, business activity, profits or any other form of improvement for the “Clients” business or any other purpose. The “Client” is liable for and agrees to indemnify the “Company” in respect of any loss or liability which the
“Company” suffers, incurs or is liable for as a result of (i) any information given by the “Client” that is not accurate, up to date or complete or is otherwise misleading; or
(ii) any breach of these Terms, or (iii) any damage to the reputation of the “Company” suffered as a consequence of the “Clients” breach of the Terms. If work is delayed through no fault of the “Company”, no refund or compensation will be provided to the “Client”.
g) The “Client” agrees to co-operate with the “Company” (at the expense of the “Client”) in the handling of any disputes, complaints, investigations or litigation that arise as a result of the “Clients” use of the “Services” or its conduct pertaining to this agreement. This includes but is not limited to disputes, complaints, investigations or litigation that arises out of or relates to incorrect information the “Client” has provided to the “Company”.
h) The obligations of the “Client” pursuant to Clauses 5 (g), (h) will survive termination of this agreement.
6. The “Client” agrees not to hold the “Company” liable for or in relation to any consequential loss (which includes but is not limited to loss of profits, loss of revenue, loss of business opportunities, loss of anticipated business opportunities, loss of anticipated savings and damage to goodwill) which relate to the obligations of the “Company” under this agreement.
7. There are no refunds available on “services” provided by the “Company”.
8. This agreement is subject to the jurisdiction of the State of Queensland, Australia and the parties irrevocably submit to the jurisdiction of the courts of the State of Queensland.
9. The “Client” may not offer any form of employment to “Company” staff at any time whilst engaging the services of the “Company”, or within 12 months of ceasing this or any other services.
11. Priority: If the terms of this agreement differ from any other information that the “Client” has been provided with, including by email or phone, the terms of this agreement apply, unless the “Company” agrees to otherwise in writing.
12. GST: By accepting this agreement the “Client” agrees to pay the “Company” an amount equivalent to the GST imposed on these charges.
13. Relationship of parties: This agreement is not intended to create a relationship between the parties of partnership, joint venture, or employer-employee. The “Company” may provide the “Services” to the “Client” using its employees, contractors and any third party providers it so chooses in relation to the agreement.
14. Assignment: The “Client” must not assign or deal with the whole or any part of its rights or obligations under the agreement without the prior written consent of the “Company”. Any purported dealing or representation in breach of this clause is of no effect.
15. Severance: If any provision (or part of it) of the agreement is held to be unenforceable or invalid in any jurisdiction, then it will be interpreted as narrowly as necessary to allow it to be enforceable or valid. If a provision (or part of it) of the agreement cannot be interpreted as narrowly as necessary to allow it to be enforceable or valid, then the provision (or part of it) must be severed from the agreement and the remaining provisions (and remaining part of the provision) of the agreement are valid and
By purchasing any hosting or additional service or product from The Peoples Republic QLD Pty Ltd (TPR Media), you (The Customer) are entering into an agreement with TPR Media that is bound by the Terms of Service (“TOS”) outlined in this document. This Agreement shall be construed in all respects in accordance with the laws of the state of QLD, Australia applicable to contracts enforceable in that state. By completing the ordering process, you agree to have read, understood, and be bound by these Terms of Service.
1.1 Hosting service – Any shared, reseller, virtual, or dedicated service used to store and deliver web based content.
1.2 Additional services – Any product or service that is considered an “addon” to a primary hosting service, or which covers one off charges for additional work carried out by a TPR Media staff member.
1.3 Resource usage – Any and all allocated resources provided to the customer to allow for the storage and delivery of the the web based content within a hosting service. This includes but is not limited to disk space, Memory, CPU, Bandwidth
1.4 Subscription – The term(monthly, quarterly, semi-annually, annually) applicable to the purchased service.
1.5 Members Portal – An account management interface for managing the billing aspects of hosting or additional services purchased including invoices, contact information, and domain registrations.
2.1 Payment – Establishment of any hosting or additional service is dependent upon receipt by TPR Media of payment of stated charges as outlined on the TPR Media website or any other documentation or custom quote provided to The Customer. Subsequent payments are due on the anniversary date of the subscription term in advance for the following subscription term’s service. All service fees are disclosed within a product description or will be disclosed to the customer prior to payment being required for any custom quotations or services ordered via phone.
2.2 Setup Fee – The Customer agrees to pay in advance and in full any amount of a non-recurring nature required for the initial deployment of the purchased hosting service. Any such fees are listed as setup fees in the service description or will be disclosed in any custom quotations prior to any server provisioning, equipment acquisition or installation by TPR Media.
2.3 Recurring fee – All subscriptions for hosting services provided by TPR Media are recurring by nature and the Customer agrees to pay any recurring fees listed in the Service description in advance each anniversary date until such time as The Customer submits a cancellation request in accordance with these Terms of Service.
2.4 Non-Refundable Fees – Certain fees paid to TPR Media are considered non-refundable due to the nature of the product or service purchased and this includes but is not limited to the following:
2.4.1 Third Party Products – Products supplied by TPR Media where TPR Media acts as a reseller for another provider (e.g. domain registrations, SSL certificates, third party product licences) are provided as non-refundable products and refunds cannot be provided once the product has been activated on an account.
2.4.2 Advanced Administration Time – Services where additional labour is to be carried out by TPR Media staff are non-refundable once the additional labour has been carried out.
2.5 Additional Resource Usage fees – Should Customer exceed the total amount of included hosting resource utilization as described in Service Definitions. Customer agrees that overage fees will apply and be due immediately.
2.6 Invoices and Statements – invoices are provided to The Customer by email using the contact email address assigned to the Customer or any additional billing contacts within the TPR Media billing system. Invoices cannot be sent via postal mail or any other courier style service.
2.7 Statements – TPR Media does not provide written or printed statements. However, an account’s invoice history is always available for viewing by The Customer within the Members Portal.
2.8 Failure to Pay – TPR Media may temporarily deny service or terminate this Agreement upon the failure of The Customer to pay a subscriptions applicable recurring fees where the fees reach 28 days past due. Such termination or denial will not relieve The Customer of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees. Accounts that are not collectable by TPR Media may be turned over to an outside collection agency for collection which may result in additional fees or fines being payable.
3.1 Money Back Guarantee – TPR Media provides a 30-day Money Back guarantee for shared or reseller hosting services and a 10-Day Money Back Guarantee for Dedicated, VPS, or Cloud hosting service ordered under a subscription period of quarterly or greater.
3.2 Refunds – All payments to TPR Media are non-refundable, except where the money back period is applicable and the refund request is made within 30 days of the service signup date. One time setup and additional fees are non-refundable except where an ordered hosting or additional service cannot be provided by TPR Media. Where an ordered service cannot be provided but an alternative service is provided in its place, all applicable one-time setup fees will remain payable. Refunds are not provided automatically and must be requested by the customer within 30 days of requesting cancellation.
3.3 Disputes – All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in TPR Media’s sole discretion is a valid charge under the provisions of these Terms of Service, you agree to pay TPR Media an “Administrative Fee” of not less than $50 and not more than $150
3.4 Service Cancellation by The Customer – TPR Media provides an ongoing recurring service which will remain active until such time as The Customer submits a cancellation request by completing the online cancellation form available within their Members Portal. Requests for canceling accounts must be submitted within 2 business days prior to the next due date to ensure no further fees are payable. Email your account manager to start the process.
3.4.1 No Cancellation Fee – TPR Media does not charge a cancellation fee and does not refund prepaid fees except where the Money Back Guarantee is applicable.
3.4.2 No Access to Account – If The Customer wishes to cancel a service and is unable to access the Members Portal for any reason, The Customer must make contact with TPR Media via phone or support ticket to obtain necessary login information or instructions to proceed with the cancellation request.
3.4.3 Customer Data – Upon successful cancellation of a hosting service, all data stored within the cancelled service will be removed. TPR Media does not provide any guarantees that The Customer’s data will be retrievable once the cancellation process has been completed.
3.5 Service Cancellation by TPR Media – TPR Media may cancel The Customer’s hosting service for any breach of these Terms of Service or the AUP without prior notification. TPR Media does not provide any guarantees that The Customer’s data will be retrievable once the cancellation process has been completed.
4.1 Account Owner – The highest authority of a single Members Portal Account is considered the Account Owner. Individual hosting or additional services that are associated with an account, are controlled by the Account Owner and modifications and updates to an account’s information can only be actioned by the Account Owner or their Authorised Additional Contact. The Account Owner is established at the time the account is created. The details of an Account Owner must be that of a real person. It is not permitted to use fictitious or “fake” names for the details of an Account Owner. Accounts containing fictitious or “fake” names, and contact details that do not reflect the details of a real person may be suspended or terminated without notice.
4.2. Account Information – The Customer warrants that all information provided to TPR Media is truthful and correct and accurate and up to date and that the person designated as the Account Owner is of or above 18 years of age and is legally empowered to act and enter into this contract as The Customer or on behalf of The Customer as indicated on the relevant application form.
4.2.1 Maintaining Account Information – The Customer is responsible for maintaining the contact information stored within their account and failure to maintain up to date contact information does not warrant the waiving of any fees, overdue fees, or warnings issued by TPR Media.
4.3 Authorised Additional Contact – The Account Owner may add and authorise an additional contact person or persons to act on their behalf. The Account Owner is limited to adding one additional billing contact and a maximum of three additional technical contacts and account’s found to have more than the allowed maximum additional contacts will be requested to remove the excess to ensure adherence to the limits.
For any additional contact added to an account to be able to request account modifications, the Authorised Additional Contact must be configured as a sub-contact with their own login information and have appropriate permissions set. If the Authorised Additional Contact is not activated as a sub-account, the contact will only have limited permissions to support for a service and will not be able to request configuration changes to the hosting or DNS.
4.4 Account Transfer – The Account Owner role can be transferred to another Authorised Additional Contact or TPR Media Customer by contacting our billing support team to obtain the appropriate steps. To contact billing support via the ticket system please visit our website
4.5 Account Closure – An account will be automatically deactivated when no active hosting or additional services are being operated under the account.
5.1 Domain Registrations – successful domain registrations that have completed the registration process and are considered active by the Domain Registrar are final and cannot be cancelled or refunded. Some domain extensions may require additional information to complete the registration and TPR Media provides no guarantees that an ordered domain registration will be successful. It is The Customer’s sole responsibility to ascertain what information is required to register a particular domain prior to placing any domain registration orders.
5.1 Domain Transfers – Domain transfers typically take 5-7 days to complete once final authorisation has been received by the Domain Registrar, with the exception of .au domains which take 48 hours once final authorisation has been actioned. TPR Media has no authority to speed up a domain transfer and cannot place any guarantees on how long a transfer will take to complete. The Customer must ensure all contact information is updated with current Domain Registrar and the appropriated transfer codes have been obtained prior to placing a domain transfer order with TPR Media.
5.3 Domain Renewal – Domains must be renewed prior to their expiration date to avoid the domain becoming inactive. Multiple notifications are sent to The Customer advising them of upcoming domain renewals starting from 60 days prior to the listed expiry date. TPR Media has no control over keeping the domain active once it has reached its expiry and does not take responsibility for a website becoming inaccessible due to The Customer not renewing their domain.
6.1 Support Boundaries – TPR Media provides technical support to it’s direct customers only and does so in accordance with it’s defined support boundaries. TPR Media’s support is designed to assist customers with the use of and connections to the hosting service and does not extend to diagnosing or fixing issues that relate to the coding of a website or web application hosted within The Customer hosting service.
6.1.1 Support to Customers of The Customer – TPR Media does not provide direct technical support to customers of The Customer. Resellers, Affiliates, Dedicated and VPS customers, and customers who have multiple individual hosting accounts under a single Members Portal account must not advise their customers to contact TPR Media directly and should instead contact TPR Media on their customer’s behalf. TPR Media is happy to assist with all support issues that fall within the scope of our support boundaries when contacted by The Customer.
6.2 Advanced Support – Where TPR Media can and agrees to provide advanced support to The Customer, additional service fees are required for the provision of the advanced support. Fees for advanced support are payable in advance based on the time estimated by TPR Media for the additional task to be carried out. TPR Media provides no guarantees that an issue or task will be resolved within the estimated time, and if further time is required, additional advanced support time will need to be paid for prior to any further labour being carried out.
6.3 Responsibility for Content and Account Activity – The Customer is solely responsible for the content stored on and served by the hosting service purchased and the activity of any scripts or email services created under the hosting service. The Customer must maintain the security of all account passwords and applications or scripts and ensure all scripts under the hosting service are free from malicious content that may harm any part of the TPR Media infrastructure, other client accounts hosted by TPR Media, or the external systems of visitors viewing the hosted content.
6.3.1 Acceptable Usage – The Customer must ensure at all times they comply with TPR Media’s Acceptable Usage Policy(AUP) and must not host any content or allow any account activity that breaches the AUP. Breaches to the AUP are governed by the following conditions:
18.104.22.168 First violation – When TPR Media determines a hosting service has violated any element of the AUP, The Customer shall receive an email warning advising of the violation. The hosting service may at TPR Media’s discretion be subject to a temporary suspension pending The Customer’s agreement in writing to refrain from any further violations.
22.214.171.124 Second Violation – When TPR Media determines a hosting service has committed a second violation of any element of the AUP, the hosting service shall be subject to immediate suspension or termination without further notice.
126.96.36.199 Suspension of Service or Cancellation – TPR Media reserves the right to suspend access to The Customer’s hosting service if in the judgment of TPR Media The Customer’s service is the source or target of the violation of any of the terms of the AUP or these terms of service. If inappropriate activity is detected, all accounts of The Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured and in extreme cases, law enforcement will be contacted regarding the activity. The Customer will not be credited for the time the hosting service is suspended.
6.3.2 Web applications – The Customer must ensure all web applications utilised on the hosting service are kept secure, patched and up to date. Open source applications are vulnerable to attacks via exploits in the software, and the developer’s of the software generally provide updates when vulnerabilities have been detected. It is The Customer’s responsibility to install any and all updates/patches to maintain the application’s security. If The Customer does not have the required skill to perform the updates, The Customer will need to employ the services of a Web Developer who is able to assist.
6.3.3 Maintaining Compatibility – The nature of shared hosting environments and server applications such as Apache, PHP and MySQL is that they are constantly being updated to maintain stability, performance and security. Keeping web based applications patched and up to date ensures both a secure website and data, and is also essential to maintain compatibility with changes in server applications. TPR Media incrementally updates all server applications on a regular basis and it is the responsibility of The Customer to maintain installed web applications to ensure compatibility with the latest stable and supported releases of all server applications.
6.4 Resource Usage – All hosting services purchased have a variety of resource limitations applied in accordance to the applicable plan associated with the service. It is The Customer’s responsibility to ensure their hosting service does not exceed the resources allocated and to upgrade their service if it is determined more resources are required to continue the smooth operation of a hosting service.
6.4.1 Resource Usage Abuse (excludes Dedicated Server Customers) – TPR Media implements per account resource restrictions on all Shared, Reseller and VPS hosting services which will vary from plan to plan. In addition to these, customers must not:
6.4.2 Inodes – Every file and directory hosted on TPR Media servers uses 1 inode and accounts considered to be using an excessive number of inodes on shared or reseller servers will be required to upgrade their hosting service or remove some of the files from their hosting service. For shared and reseller hosting services an inode count of 250,000 or more is considered excessive and is generally the result of issues within a web application or a web application configuration that is not appropriate for a shared hosting environment. We recommend maintaining less than 100,000 inodes per account for optimal performance. For VPS hosting an inode count of 4,000,000 or more is considered excessive.
6.4.3 Bandwidth / Data Transfer Monitoring – Bandwidth / Data Transfer is monitored in a variety of ways across our range of services as outlined below:
6.4.4 Bandwidth Abuse – TPR Media reserves the right to shape, suspend, or terminate the service of any customer that is causing issues or performance problems for other customers on the TPR Media network. TPR Media reserves the right in a situation where a customers traffic is causing unviable costs to its business to either charge the customer at a rate that is viable (change plan/rate) or suspend/terminate the service.
6.5 Media Streaming – TPR Media does not allow media streaming on Personal Hosting, Business Hosting, Reseller Hosting or VPS plans. Customers wishing to deliver media-streaming services should use our Dedicated Server Plans. Services that are found to be in breach of this clause face immediate suspension without prior notification.
7.1 Third Party Applications and Licenses – TPR Media may provide access to additional third party software and/or services (“Third Party Products “) through reseller or other commercial agreements TPR Media has established with certain vendors (“Third Party Vendors”). Unless otherwise stated, The Customer understands that product support for Third Party Products is provided by TPR Media and not by the Third Party Vendor. Neither TPR Media nor any Third Party Vendor makes any representations or warranties, express or implied, regarding any Third Party Products. The Customer expressly acknowledges and agrees that use of Third Party Products is at The Customer’s sole risk and such third party products are provided “as is” and without representation or warranty of any kind from TPR Media or any Third Party Vendor, including without limitation, any implied warranty of merchantability, fitness for a particular purpose, accuracy or completeness of responses or results, correspondence to description, or non-infringement of third party rights. To the maximum extent permitted by applicable law, neither TPR Media nor any third party vendor will be legally responsible for any damages, whether direct, indirect, or consequential, arising from the use or inability to use any third party product. The Customer agrees to observe the terms of any license and/or applicable end user subscriber agreement for Third Party Products and The Customer shall be fully liable to Third Party Vendors and/or TPR Media with respect to any improper use of such Third Party Products or violation of license agreements with them and/or applicable end user subscriber agreements.
7.2 Microsoft Licensing – Where licensing for Microsoft software has been purchased through TPR Media, the customer agrees to abide by the Microsoft Licensing terms, and were user licenses are being purchased, it is the customer’s responsibility to ensure they accurately report and obtain the appropriate level of user licenses for their uses as outline in Microsoft’s licensing terms.
7.3 Feature Availability – TPR Media provides no guarantees that any or all of the features available within a Third Party Product will be supported or made available to The Customer. It is at the sole discretion of TPR Media to determine which features are enabled and whether TPR Media will provide support for the use of enabled features.
8.1 Disclosure to Law Enforcement – TPR Media’s AUP specifically prohibits the use of our service for illegal activities and The Customer agrees that TPR Media may disclose any and all customer information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the The Customer. TPR Media reserves the right to immediately terminate any hosting service found to be hosting content and performing activities of an illegal nature.
8.2 System and Network Security – Users are prohibited from violating or attempting to violate the security of the TPR Media Network. Violations of system or network security may result in civil or criminal liability. TPR Media will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include without limitation:
8.3 Disclaimer – Whilst every effort is made to ensure the information provided on the TPR Media website and by TPR Media staff is accurate and free from errors, TPR Media provides no warranties, either express or implied, including but not limited to the service’s fitness for a particular purpose, except where to not offer any such warranties would be deemed unlawful as defined by the Trade Practices Act 1974(Cth).
8.4 Limitation of Liability – TPR Media provides no guarantees that any hosting or additional service provided will be free from errors or interruptions. TPR Media will not accept liability for any costs or losses incurred by The Customer that result from:
8.5 Indemnification – The customer agrees to indemnify TPR Media from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against TPR Media, that may arise or result from the use of any hosting service provided.
8.6 Modification to these Terms – TPR Media reserves the right to amend, update or change these terms of service without prior notification. Where changes are made that may impact The Customer’s use of a TPR Media service, The Customer will be advised by email using the primary email contact details within an account and the continuance in operation by The Customer of any hosting or additional services will constitute an acceptance of these Terms of Service.
Social media Services
1.0 You agree that, with regards to the service (“Social Media Services”):
We will commence providing the Social Media Service after the fees payable for the first month have been received.
The Social Media Service is limited to those brands agreed between us and you, and cannot otherwise be shared across multiple brands.
You authorise us to set up, regularly access and modify profiles representing you on online social media platforms including, but not limited to, Facebook, Twitter, LinkedIn, Instagram, (“Social Media Profiles”).
You agree that we will not be responsible for any delays caused by any of the following reasons:
should your account manager be unable to contact you at a mutually agreed time and date to discuss delivery of the Social Media Service;
should you require more than 2 business days to review and approve via email any documentation, plans and/or any other collateral; or
any other interaction between us and you that requires your input in order for the Social Media Service to be delivered.
Should we suggest any content for your Social Media Profiles, you acknowledge that such content will have no association or reflect the view or opinion of us or any of our employees or suppliers. It is your responsibility to ensure that any suggested content by us is suitable for your purposes.
Social media advertising
2.0 With regard to social media advertising, you agree that:
Where an add-on is chosen, we will plan for and use reasonable endeavours to spend the full amount each month. Subject to this clause 2.0, there will be no refunds given or credits transferred to subsequent months if the full amount is not spent in a month.
If the amount spent on advertisements is less than 80% of the nominated amount, the unused amount will be transferred to the budget for the next month.
We are not obliged to provide any refunds for any portion of the nominated amount that has not been spent if the Social Media Services are cancelled for any reason.
Add-on packs may be purchased on a month by month basis at any time.
Third party sites
3.0 With regard to third-party sites:
The provision of the Social Media Service may rely on websites operated by third parties outside our control (“Third Party Sites”). We’re not responsible for availability, accuracy, legality or decency of material or copyright compliance of the Third Party Sites.
Linking to Third Party Sites is entirely at your own risk and we’re not liable or responsible for any advertising, products or materials on Third Party Sites.
We are not responsible or liable in any way for any loss or damage you incur or allege to have incurred, either directly or indirectly, as a result of your use and/or reliance upon a Third Party Site.
Term & Termination
4.0 You agree that:
You may be liable to pay all fees for a Fixed Term Contract agreed upon even if you terminate the Social Media Service before the end of the term.
If you wish to terminate the Social Media Service at the expiration of the minimum term of the Fixed Term Contract, you need to give 10 business days’ notice prior to the end of the minimum term.
Upon completion of the minimum term, the Social Media Service will roll on a monthly basis. Any cancellation requests must be made no later than 10 days before the end of the next billing month.
In these terms and conditions, unless the context otherwise requires:
1.1 Consumer means any individual who acquires TPR Media services wholly or predominantly for personal, domestic or commercial use.
1.2 Customer means any person or entity requesting TPR Media to provide Services.
1.3 TPR Media means TPR Media Pty Ltd (ABN 35 203 492 621) of Level 1, 667 Ipswich Road, Annerley, 4103, Queensland, Australia
1.4 Agreed Fee means the fees estimated by TPR Media in any quotation once accepted by the Customer.
1.5 Materials means any goods, chattels, items or things, including but not limited to any photographs, documents (whether digital or hard copy), tapes, videos, films, footage, props and equipment provided by the Customer to TPR Media for the purposes of TPR Media supplying the Services.
1.6 Raw Footage means master footage recorded by TPR Media as part of the provision of the Services.
1.7 Services means video pre-production, production and/or post-production services.
These Terms and Conditions apply to and are incorporated into all contracts, agreements, arrangements, transactions and dealings entered into by TPR Media with any Customer in relation to the provision of Services by TPR Media.
All work carried out by TPR Media is on the basis that the Customer has agreed to these Terms and Conditions.
The raw footage is not provided to The Customer unless agreed otherwise in writing. The Premiere Pro timelines, After Effects, Photoshop, Final Cut, Audition are TPR Media intellectual property and are not supplied.
The Raw Footage, video files, audio files and edited video files including all copyright remain the property of TPR Media until full payment is made for the Services. Where Services remain unpaid or in the event that a final, agreed payment is not made, TPR Media reserves the right to withhold all recordings and finished works and use all or portions of the recordings and finished works for display, promotional or commercial purposes.
Copyright in all video, images, audio, lyrics or musical composition included or recorded in the edited video or recorded by equipment used by TPR Media will remain the property of the author or legal entity owning the copyright.
TPR Media reserves the right to retain ownership of any recorded material of an anomalous nature once discovered in post-production. The copyright of such recordings will belong to TPR Media.
TPR Media has the right to use edited or unedited video files produced pursuant to these Terms and Conditions for promotional or commercial purposes unless an alternative arrangement is made between TPR Media and the Customer. The copyright of such segments will belong exclusively to TPR Media.
If you require TPR Media to keep video data beyond five (5) years, please let us know within one (1) months of the five (5) years. We will work with you to arrange the best method for storage.
If the client doesn’t choose to retain the shoot data after the chosen payment period, the Raw Footage, video files, audio files and edited video files will then be disposed of, deleted or erased.
Any estimate of the date by which TPR Media will complete any part of the Services is contingent upon the Customer providing complete instructions to TPR Media and fully cooperating with TPR Media until TPR Media has ceased providing Services to the Customer.
The Customer must appoint a single person who has complete authority to provide instructions to TPR Media and respond to requests for feedback until TPR Media has ceased providing Services to the Customer. The person appointed must be available to respond to communications from TPR Media on every day which is a business day in Queensland, Australia. Projects that do not progress due to a lack of activity from The Customer may be charged a delay fee that is 50 percent of the hourly rate applicable.
If the Customer requires any Raw Footage to be provided, this must be agreed in writing between TPR Media and the Client. This will incur an extra charge to the Customer.
A day of filming includes a total 40 km (of land based) travel in each direction from TPR Media offices Level 1, 667 Ipswich Road, Annerley, 4103, Queensland, Australia at no charge and up to 8 hours on location.
For distances over 40km from Level 1, 667 Ipswich Road, Annerley, 4103, Queensland, Australia. Land travel is charged per kilometre, per vehicle. Air travel expenses, will be quoted as part of the proposal process. TPR Media may also charge a standard fee per hour, per person of air travel time.
Other costs include; equipment and luggage costs as well as living away costs. These are calculated and detailed for each project as required
Our production time starts from the moment our vehicle arrives in your area (e.g. if access to parking in your area takes 30 minutes, that time is considered production time).
Overtime starts after 8 hours and is calculated at 150 percent of our current hourly rate.
Whilst all reasonable care and preparation is taken for videography and editing, TPR Media will not be liable for any compensation except for return of any Deposit paid, should a failure occur in all or any of the electronic equipment used or due to illness of the operators or person(s) employed or engaged by TPR Media or because of an unforeseen event or any dispute regarding the ownership of recorded materials.
The following applies for pre-production, production and post-production work.
11.1 Working hours prior to 7 am (where our presence on location is required before 7 am) and after 7 pm (where our presence on location is required after 7 pm) incur and surcharge which is calculated at 150 percent of the applicable hourly rate.
11.2 Filming hours on weekends incur a surcharge which is calculated at 150 percent of the applicable hourly rate.
11.3 Filming hours on public holidays incur a surcharge which is calculated at 180 percent of the applicable hourly rate.
You must do all things reasonably necessary, and supply TPR Media in a timely fashion with all materials reasonably required by TPR Media, in order for TPR Media to perform the services.
This may include without limitation supplying copy, photographs and other visual or audio-visual material, and if required, performing sub-editing and copywriting. Without limiting TPR Media’s rights under this agreement, if TPR Media is unable to complete any services because of your actions or omissions, or if you instruct TPR Media to cease or postpone any work, TPR Media may still render invoices for time expended or work already performed, including for any third-party disbursements incurred or agreed to.
TPR Media accepts no responsibility for errors that you do not detect at sign-off stage, nor for any loss or damage of any kind (including legal costs on an indemnity basis) which you or any third party may suffer as a result of those errors not being detected, or as a result of changes requested or required by you after sign-off.
Unless otherwise agreed in writing, The Customer must obtain any necessary consent or permission and pay any fees which may apply for TPR Media to film at a particular venue, location or event.
A determined number of amendment rounds is agreed during the quotation process. If no number is agreed, the default of two (2) rounds of amendments apply.
TPR Media will provide the Customer with ‘version one (1)’ of an initial edited video file. The Customer must notify TPR Media of all proposed changes within a maximum of fourteen (14) days of receipt of the draft copy, constituting ‘round one (1)’ of amendments.
Once the proposed changes have been made, TPR Media will provide the Customer with the ‘version two (2)’. The Customer must notify TPR Media of all proposed changes within fourteen (14) days of receipt of the draft copy, constituting ‘round two (2)’ of amendments.
Once the proposed changes have been made, TPR Media will provide the Customer with the final version in the agreed format, or the ‘version three (3)’, which follows the same procedure as previous rounds.
Additional rounds of amendments, over the agreed amount or default number of two (2), will be charged at our applicable post-production hourly rate and added to the final invoice. Please be aware each round of amendments (even for a short sequence) takes a considerable amount of time to check, render & upload for review. It is recommended to avoid drip-feeding amendments throughout the process as this will increase the number of amendment rounds required.
The Customer acknowledges and agrees that editing an event and the production of finished works may include elements of artistic expression and interpretation. TPR Media reserves the right to use ‘Artistic Licence’ in any commissioned works that require editing or the production of finished works.
The re-editing of commissioned works is offered as an optional extra by prior arrangement. A quotation for re-editing will be provided by TPR Media on request (see ‘post production amendments’ above)
TPR Media reserves the right to subcontract any Services that TPR Media has agreed to perform for the Customer as it sees fit.
Unless otherwise specified in writing, TPR Media reserve the right to use the raw footage and final edit(s) for their own marketing purposes, including (but not limited to) displaying on their website, adding all (or parts) to promotional/marketing material online or offline.
TPR Media reserves the right to terminate the provision of Services, if:
18.1 The videographer, or any person(s) employed or contracted by TPR Media is placed in a position where there is an actual or apparent risk of injury, or
18.2 There is a risk that any of the equipment used may be damaged. If TPR Media terminates the provision of Services then any Deposit paid by the Customer is non-refundable. TPR Media may seek compensation from the Customer for any loss or damage suffered.
The parties acknowledge that, under applicable State and Commonwealth law, certain clauses, conditions, guarantees and warranties may be implied in these Terms and Conditions and there are rights and remedies conferred on the Customer in relation to the provision of goods or of services which cannot be excluded, restricted or modified by agreement (“Non-excludable Rights”). Except to the extent of Non-excludable Rights, TPR Media will not be liable for:
19.1 Any claim by the Customer or any person, including without limitation any claim relating to or arising from all clauses, conditions, guarantees and warranties express or implied, and all rights and remedies conferred on the Customer, by statute, the common law, equity, trade, custom, usage or otherwise; and
19.2 Any representations, warranties, conditions or agreement made by any agent or representative which are not expressly confirmed by TPR Media in writing, and
19.3 The liability of TPR Media for any such matters is hereby excluded. Where (and to the extent) permitted by law the liability of TPR Media for a breach of a Non-excludable Right can be limited, TPR Media’s liability is limited, at TPR Media’s option, to one of the following:
19.4 The supply of the service again; or
19.5 Payment for the cost of having the services supplied again. Notwithstanding any other provision, TPR Media is in no circumstance (whatever the cause) liable in contract, tort (including without limitation negligence or breach of statutory duty) or otherwise to compensate the Customer for:
19.6 Any increased costs or expenses;
19.7 Any loss of profit, revenue, business, contracts or anticipated savings;
19.8 Any loss or expense resulting from a claim by a third party;
19.9 Or Any special, indirect or consequential injury, loss, damage or expense whatsoever and howsoever arising.
If TPR Media cannot carry out an obligation under the Contract either in whole or in part because of anything outside its reasonable control, including without limitation, fire, flood, storm, earthquake, explosion, accident, road or rail closures, rail derailment, wharf delays, war, terrorism, sabotage, epidemic, quarantine restriction, labour dispute or shortage, act or omission of any third person or public authority, then TPR Media’s obligations under the Contract will be suspended for the duration of the event or waived to the extent applicable.
If the Customer has engaged and confirmed TPR Media to provide Services on a specified date, the Customer may notify TPR Media in writing (during normal business hours) that the Customer does not require the Services to be provided on that date (“the cancellation”). If notification of the cancellation is provided outside of normal business hours, it is deemed to have been provided at the commencement of the following business day.
A booking is ‘tentative’ until it is ‘confirmed’ in writing by TPR Media or the Customer. If required, TPR Media will seek confirmation in writing for a booking to be ‘confirmed’ after which the date will be released if no confirmation is received within 24 hours from the Customer.
21.1 If the cancellation is made more than 20 days prior to the day on which TPR Media has been engaged to provide the Services, the Customer must reimburse TPR Media for any expenses incurred by TPR Media in preparation for the provision of the Services.
21.2 If the cancellation is made between 20 days and 9 days prior to the day on which TPR Media has been engaged to provide the Services, the Customer must pay 50% of the Agreed Fee.
21.3 If the cancellation is made between 8 days and 48 hours prior to the day on which TPR Media has been engaged to provide the Services, the Customer must pay 75% of the Agreed Fee.
21.4 If the cancellation is made within 48 hours of the time at which TPR Media has been engaged to provide the Services, the Customer must pay the Agreed Fee in full.
21.5 If the cancellation is made while TPR Media is providing Services to the Customer, the Customer must pay the Agreed Fee in full. Any amount payable must be paid by the Customer within 14 days of the cancellation.
All Materials are used and stored by TPR Media solely at the Customer’s risk and TPR Media is under no obligation to ensure any Materials. Neither TPR Media nor any of its officers, employees, agents or subcontractors will be liable for any loss, destruction or damage (“Loss”) of the Materials other than loss caused by their negligence but any liability for such loss will be limited to replacement of the Materials; TPR Media will not be liable in respect of any Loss of the Materials arising out of the action of any person not employed or engaged by or associated with TPR Media even though such person is present during and involved with the performance of the Services; and The Customer must retain a master copy of each and every recording delivered to TPR Media for the purposes of the Contract.
The Customer acknowledges and agrees that: TPR Media will have a lien on Materials provided by the Customer; and No title (including any copyright) in the Services manufactured, produced, duplicated or otherwise provided by TPR Media will be transferred to the Customer until the Customer pays all amounts due to TPR Media in full.
The Customer acknowledges and agrees that upon payment of all outstanding invoices due to TPR Media, the Customer is entitled to receive the finished works, but has no entitlement to the working files of TPR Media. The Customer acknowledges and agrees that the content, views and opinions expressed in the finished works produced for the Customer by TPR Media are solely those of the Customer. The finished works are intended to represent the opinion of the Customer and in no way reflect the views and opinions of TPR Media, its employees and subcontractors.
The Customer must obtain all necessary permissions and authorities in respect of the use of the Materials which are to be included in the Customer video. The Customer indemnifies and holds TPR Media harmless from any claims or legal actions related to the content of the Customer’s video.
The Customer hereby indemnifies and holds harmless TPR Media against all loss, damage, costs or expenses suffered or incurred by TPR Media.
All efforts are put into providing accurate quotes for video productions. Some video productions, however, require additional resources and/or additional time due to unforeseen circumstances such as (but not limited to) weather, venue availability etc. In the event additional costs are required, we will advise you as soon as possible.
TPR Media take no responsibility for extra costs due to reasons outside of their control. It will be assumed and accepted by The Customer that these costs will be charged, in addition to the agreed quote, as long as these additional costs are fair & reasonable.
All reasonable disbursements and out-of-pocket expenses (such as parking) incurred by TPR Media in connection with the relevant work are added to the fees payable by TPR Media and must be paid by you – i.e. we add these to the final invoice and are NOT included in the quotation.
Without limiting the foregoing, any estimates provided by TPR Media for any stage of work will, unless expressly stated to the contrary, include an estimate of any reasonably foreseeable disbursements and expenses.
The disbursements and expenses incurred by TPR Media may include, without limitation, those pertaining to copywriting, illustration, photographic and other services, models, film, processing, printing, materials, equipment, couriers, catering, online time, postage and sundries.
TPR Media may charge a reasonable agency fee on the cost of any “bought-ins”, in addition to that cost. “Bought-ins” may include without limitation disbursements for copywriting, illustration, photography, models, printing and other materials.
You acknowledge that third party suppliers may change their own fees or cost structure, in which case TPR Media will endeavour where possible to revise any estimates accordingly, however you must pay the full amount of any disbursements incurred by TPR Media.
Payment of video productions or products must be completed according to the terms, by EFT, Cash or Credit Card.
All work requires a 60 percent upfront payment, payable by Credit Card or EFT. Balance is due prior to delivery of the final product. We do not accept cheques.
All postage & handling is charged on final invoice. TPR Media takes no responsibility for items lost in the mail. It is the responsibility of The Customer to request additional postage services, such as insurance and/or registered post.
All prices shown on this site are in Australian Dollars (AUD) and all transactions are conducted in Australian dollars. We do not accept cheques, payment can be made via Credit Card or EFT
All information received by TPR Media from the Customer, written or otherwise, will be kept confidential. Any private information will not be divulged or distributed to any third party without the Customer’s consent. Unless this is necessary to allow TPR Media to conduct and complete the Services requested by the Client.
The laws of Queensland apply to the Contract and the Customer must bring any proceedings against TPR Media in a Queensland Court. If a condition or part of a condition is unenforceable, it must be severed from the Contract and does not make the rest of the Contract unenforceable.
TPR Media is not bound by any waiver, discharge or release of a condition or any agreement which changes the Contract unless it is in writing and signed by or for TPR Media.
TPR Media reserves the right to amend these Terms and Conditions at any time. Amendments will be effective after the Customer has been given 7 days written notice.
The most up to date copy of these Terms & Conditions are always available at