Terms and Conditions

• Provision of Services: The “Company” agrees to provide Google SEO services as outlined in the proposal sent to the “Client” via email. Bing SEO is available, but Google SEO is the default.  The services provided may include on-page and off-page SEO, keyword research, content optimisation, link-building, technical SEO adjustments, and other tactics aimed at improving the organic performance of the “Client’s” website in search engines.
• Acceptance of Terms: By making payment of the invoice, the “Client” acknowledges that they have read, understood, and agreed to these terms and conditions.
• No Guarantee of Rankings or Traffic: a) The “Client” acknowledges that SEO is a long-term process, and while the “Company” will make every reasonable effort to improve the “Client’s” website rankings and search engine performance, there is no guarantee of achieving specific results such as top positions, increased traffic, or business outcomes. b) The “Client” understands that SEO results are influenced by a variety of factors, including search engine algorithm updates, market conditions, competition, and other external factors beyond the “Company’s” control. As a result, the “Company” cannot guarantee specific rankings or performance improvements.
• Client Responsibilities: a) The “Client” agrees to provide the “Company” with access to their website, including content management system (CMS) credentials, Google Analytics, Google Search Console, hosting credentials, and any other required platforms necessary for the “Company” to perform the SEO services. b) The “Client” is responsible for providing any necessary content, feedback, or approvals in a timely manner. Delays caused by the “Client” may impact the ability of the “Company” to deliver results within the agreed timeframe.
• Payment Terms: a) The “Client” agrees to make payments in accordance with the invoice issued by the “Company.” Payments are required upfront for the term or monthly in advance if specified in the proposal. b) If the “Client” fails to make payment on time, the “Company” reserves the right to pause or terminate the SEO services until payment is made. c) Refunds will not be provided for services rendered. All payments made are final and non-refundable once work has commenced.
• SEO Changes and Deliverables: a) The “Company” may recommend or implement changes to the “Client’s” website to improve SEO performance, including technical adjustments, content changes, meta tags, internal linking, etc. The “Client” acknowledges that failure to implement recommended changes may negatively affect the results of the SEO campaign. b) The “Company” will provide regular updates and reports on SEO activities and progress, as agreed upon in the proposal. However, SEO results may take several months to become visible.
• Platform Control and Algorithm Changes: The “Client” acknowledges that the “Company” has no control over search engine algorithms (such as Google, Bing, etc.) or the way these platforms may rank or display the “Client’s” website. Algorithm updates, penalties, or changes in search engine policies may occur, and the “Company” will not be held responsible for any negative impact such changes may have on rankings.
• Liability & Indemnification: The “Client” agrees to indemnify and hold harmless the “Company” from any and all claims, damages, or liabilities arising from:
  • Incorrect or incomplete information provided by the “Client.”
  • Any disputes or legal matters related to the “Client’s” website or SEO strategy.
  • The “Client’s” failure to adhere to the recommendations or implementations provided by the “Company.”
• No Consequential Liability: The “Company” will not be liable for any indirect or consequential losses, including but not limited to lost profits, business opportunities, or reputation damages arising from the performance or non-performance of the SEO services.
• Third-Party Tools and Links: The “Company” may use third-party tools, platforms, and resources as part of the SEO strategy. These include, but are not limited to, SEO tools, link-building networks, and content platforms. The “Client” understands that the “Company” cannot guarantee the functionality or continued availability of third-party tools, nor can it be held responsible for any negative impact resulting from the use of such tools.
• Termination: a) Either party may terminate this Agreement by providing 30 days’ written notice. Upon termination, the “Client” will be responsible for any fees incurred up to the effective date of termination. b) If the “Client” terminates services prior to the completion of the agreed-upon term or campaign period, the “Client” may be liable for additional charges, including a pro-rated amount for the remaining term.
• Jurisdiction: This Agreement is governed by the laws of the state or region in which the “Company” operates, and any disputes arising from this Agreement will be resolved in the courts of that jurisdiction.
• Privacy: The “Company” will adhere to all relevant data protection and privacy laws, ensuring that any personal data obtained as part of the SEO process is handled responsibly and in compliance with regulations.
• Entire Agreement: This Agreement, along with any proposals, invoices, or statements of work, constitutes the entire understanding between the “Client” and the “Company.” Any modifications or amendments to this Agreement must be made in writing and agreed to by both parties.
• Severability: If any provision of this Agreement is deemed invalid or unenforceable, the remaining provisions will remain in effect.
• Assignment: The “Client” may not assign or transfer their rights or obligations under this Agreement without the prior written consent of the “Company.”

1. DEFINITIONS

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.

 

2. APPLICATION

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.

 

3. OWNERSHIP

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.

 

4. SPECIAL PROVISIONS FOR OWNERSHIP

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.

 

5. BACKUPS

Onsite Storage:

• Three (3) months free storage of up to 1TB
• One (1) year of storage $199 per TB
• Five (5) years of storage $895 per TB

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.

 

6. DISPOSAL

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.

 

7. STAGNATING PROJECTS

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.

 

8. RAW FOOTAGE

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.

 

9. FILMING ON LOCATION

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.

 

10. FAILURE OF EQUIPMENT OR ILLNESS OF TPR Media EMPLOYEES AND CONTRACTORS

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.

 

11. OUT OF BUSINESS HOURS, WEEKENDS AND PUBLIC HOLIDAYS

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.

 

12. YOUR RESPONSIBILITIES

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.

 

13. VENUE LOCATION FEES & PERMISSIONS

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.

 

14. POST PRODUCTION AMENDMENTS

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.

 

15. ARTISTIC LICENCE

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)

 

16. SUBCONTRACTING

TPR Media reserves the right to subcontract any Services that TPR Media has agreed to perform for the Customer as it sees fit.

 

17. TERMS OF USE OF VIDEO BY TPR MEDIA

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.

18. RIGHT OF REFUSAL OR TERMINATION

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.

 

19. LIMITATION OF LIABILITY

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.

 

20. FORCE MAJEURE

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.

21. CANCELLATION

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.

22. CUSTOMER’S MATERIALS

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.

23. CUSTOMER ACKNOWLEDGEMENTS

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.

24. CUSTOMER UNDERTAKINGS AND WARRANTIES

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.

25. QUOTATIONS

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.

26. CUSTOMER PAYMENT

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.

 

27. DEPOSITS

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.

28. POSTAGE & HANDLING

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.

29. TRANSACTING WITH TPR MEDIA

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

 

30. PRIVACY

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.

 

31. OTHER MATTERS WHICH AFFECT THE CONTRACT

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.

 

32. AMENDMENT

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

www.tpr.media/terms-and-conditions/