TERMS AND CONDITIONS - SOCIAL MEDIA SUBSCRIPTION PACKAGES
Purchase of service requires the Client to pay the first instalment to MVMT Socials upfront during the checkout process.
After this, an automatic recurring payment plan will be created for the Client and payments will be withdrawn monthly reflecting the Client’s check out date. Failure to clear funds from the Client within 7 days of the payment schedule will incur late fees.
Once the Subscription has been purchased by the Client all automatic payments are non-refundable.
All subscription packages purchased by the Client include the following services:
Off site post production editing
Should the Client require creative direction, producing, model casting, team assembly, prop sourcing or location scouting they are to inform MVMT Socials during normal business hours via email, Monday to Friday, 9am-5pm AEST. These are all additional services that can be provided to the Client at a set fee.
The Client is responsible for the provision of a shot list to MVMT Socials that serves as a checklist for all deliverables required to be provided to the Client. Failure to provide an itemised shot list to MVMT Socials prior to the shoot could result in an unsatisfactory product/shoot at the cost of the client. If the Client requires MVMT Socials to re-shoot, this will be at the expense of a subscription payment or an additional service fee.
All Subscription Clients are allocated a selection of Images per hour from their photoshoot dependant upon their package purchased with MVMT Socials These selections will be made from an online gallery that will be delivered to the Client via email up to 1 Week after their photoshoot has taken place. Extra selections are available to the Client at an extra fee of $50/image + GST.
All edited files will be delivered by MVMT Socials to the Client via Dropbox and Email within 7 days upon receiving selections back in writing. If additional images have been purchased by the Client they are required to process the additional payment prior to receiving all of the imagery back from their shoot.
Should the client require images sooner than the 7 day turnaround an express edit option is available at an additional fee of $100 + GST. The client is required to notify MVMT Socials of this request prior to arriving on-site for the shoot.
MVMT Socials may however inform the client of changes to delivery timings 48 hours prior to the shoot. Delivery timings given to the Client by MVMT Socials are based on an estimation and can be subject to change at any given time.
Upon accidental loss or destruction of content by the Client after delivery, a re-delivery fee will be incurred.
Scheduling of all monthly shoots are the sole responsibility of the Client and are to be scheduled using the scheduling system provided; Calendly. Should they require assistance with scheduling they are to provide their request in writing via email to MVMT Socials during normal business hours, Monday to Friday, 9am-5pm AEST.
MVMT Socials will not be liable for any shoots that are left unscheduled by the Client. If the Client fails to schedule his/her shoot in before expiring, the client will not be compensated by MVMT Socials. All subscription shoots are non-refundable.
All Clients are provided a month or period to schedule and shoot allocated photoshoots based upon their purchased package. If the Client fails to book their shoot in, then the shoot expires for that period. Should the client require a one off extension they are to provide their request in writing to MVMT Socialsduring normal business hours, Monday to Friday, 9am-5pm AEST. Shoots are non-refundable.
Cancellation of a scheduled photoshoot requires the Client to give MVMT Socials 48 hours notice in advance and in writing during business hours. Upon Cancellation the Client will be required to re-book a preferred date. MVMT Socials will not be liable for shoot availability in the scheduling system used by the Client due to last minute cancellations or rescheduling, particularly in conjunction with other scheduled Client bookings.
In the unlikely event of rain or unforeseen weather circumstances, the Photoshoot may be postponed until a later date. MVMT Socials’ decision is final and can be made on the morning of the photoshoot. This is in the best interest of the client so photoshoots and deliverables can be executed to a satisfactory level for the Client.
Package estimates provided by MVMT Socials to the Client are valid for six (6) months from the date of purchase. The Client may upgrade to a package of higher value. The Client however cannot downgrade from an existing package.
When the Client uses finalised images on Social Media Platforms or in publications, it’s appreciated where possible that photographers credit is given as listed below:
Social platforms - @mvmtsocials / @archercreatives
Publications - MVMT Socials
Where MVMT Socials Provision of Services involves Photography or Retouching, MVMT Socials standard included license of the Images to the Client covers use of the final edited images only, for distribution worldwide via the internet or public display only, for an agreed usage period time frame. Images may be distributed on Social Channels, Print and Web use. For Advertising usage, such as billboards, further fees are applicable to the Client and will be agreed upon and paid in full before distribution.
Without limiting MVMT Socials rights, the Client agrees that MVMT Socials can use photographs and images taken at the location and other material MVMT Socials creates or provides (all Materials) for promotional purposes including as examples of MVMT Socials work and in any brochure, newsletter, manual, report, website or other media, and such use may include the Client’s corporate name or other IP as it appears in the Materials, without liability or compensation to the Client, and MVMT Socials may also alter the Materials, determining to include or remove the Client’s name or other IP, without prior client approval. MVMT Socials reserves the right to subcontract any Services that MVMT Socials has agreed to perform for the Client as MVMT Socials sees fit.
Upon unforeseen circumstances such as family emergencies or sickness, rescheduling will be required and organised by MVMT Socials in conjunction with the Client. However, MVMT Socials will not be liable for any compensation, If the services provided are unable to be rescheduled. In circumstances of sickness whereby MVMT Socials is unable to carry out services or those services are unable to be postponed until a later date, it is the responsibility of the Client to source an alternative replacement. MVMT Socials will not be liable for any extra fees incurred by these third party contractors.
All Materials are used and stored by MVMT Socials solely at the Client’s risk and MVMT Socials is under no obligation to insure any Materials.
MVMT Socials 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 MVMT Socials even though such person is present during and involved with the performance of the services.
Raw Images and edited files will be retained for up to six (6) months only and then will be disposed of, deleted or erased. If at the end of six (6) months services have not been paid for, MVMT Socials reserves the right to dispose of all Raw files and finished works.
If the Client chooses to purchase additional images prior to the end of the six (6) months, they can do so for an additional fee of $50/Image + GST.
The Client may purchase raw files in viewable format for an additional fee. If the Client requires these files they must pay MVMT Socials an additional fee of $500 + GST.
FAILURE OF EQUIPMENT
Whilst all reasonable care and preparation is taken for photography and editing ,MVMT Socials will not be liable for any compensation except for return of that particular shoot payment, should a failure occur in all or any of the electronic equipment used.
The Client acknowledges and agrees that:
MVMT Socials will have a lien on Materials provided by the client; and
No title in the Services manufactured, produced, duplicated, or otherwise provided by MVMT Socials will be transferred to the Client until the Client pays all the amounts due to MVMT Socials in full. The Client acknowledges and agrees that upon payment of all outstanding invoices due to MVMT Socials, the Client is entitled to receive the finished works, but has no entitlement to the working files of MVMT Socials. The Client acknowledges and agrees that the content, views and opinions expressed in the finished works produced for the Client by MVMT Socials are solely those of the client. The finished works are intended to represent the opinion of the Client and in no way reflect the views of and opinions of MVMT Socials, its employees and subcontractors.
All Subscription Clients are bound by the minimum term of their package purchased fromMVMT Socials. Should the Client wish to cancel their subscription before the end of their minimum term, they are to pay MVMT Socials out the balance of their minimum term, including their additional once-month notice period.
Beginner - Four (3) month minimum term
Luxe - Four (3) month minimum term
Slow and Steady - Twelve (3) month minimum term
CANCELLATION OF THE SUBSCRIPTION
If the client has engaged MVMT Socials to provide services, the Client may notify MVMT Socials in writing (during normal business hours, 9am-5pm AEST) that the Client does not require the Services to be provided on that date ("the cancellation”). The Subscription package for the Client will cease one month from the date of received notice as specified above.
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.
Cancellations engaged by the Client must be initiated after the minimum term period specified by MVMT Socials. The Client’s one-month notice period is a paid notice period to the same value of the Clients monthly subscription payment and will be automatically debited by MVMT Socials. Once the cancellation payment has been received from the Client, the subscription provided by MVMT Socials will cease.
The Client shall not unreasonably withhold acceptance of, or payment for their package.
RIGHT OF REFUSAL OR TERMINATION
MVMT Socials reserves the right to terminate the provision of services to the Client at any given time.
MVMT Socials reserves the right to terminate the provision of services to the Client, if any person employed or contracted by MVMT Socials is placed in a position where there is an actual or apparent risk of injury; or theres is a risk that any of the equipment used may be damaged.
If MVMT Socials terminates the provision of services due to the above circumstances, then any deposit paid by the client is non-refundable.
Should any of the circumstances outlined occur, MVMT Socials may seek compensation from the client for any loss or damage suffered.
If MVMT Socialscannot 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, sickness, family emergencies or omission of any third person or public authority, then MVMT Socials’ obligations under the contract will be suspended for the duration of the event or waived to the extent applicable.
The client will be liable for any legal costs incurred by MVMT Socials in the recovery of unpaid invoices on an indemnity basis.
All information received by MVMT Socials from the Client, writes or otherwise, will be kept confidential. Any private information will not be divulged or distributed to any third party without the Client’s consent.
CONTACTABLE HOURS AND COMMUNICATION CHANNELS
Due to the nature of freelance work, MVMT Socials will have limited availability for contact during normal business hours via email, Monday to Friday, 9am-5pm AEST.
If MVMT Socials does not hear from the Client after repeatedly touching base three times the Clients subscription will be terminated and any outstanding payments within the minimum term will be required to be paid out. Once again, all subscription package payments are non-refundable.
MVMT Socials reserves the right to amend these Terms and Conditions at any time. Amendments will be effective after the Client has been given 7 days written notice.