Moonset Media Terms of Service

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Media Release Agreement

In engaging the services of Moonset Media to create "content", which includes but is not limited to the following: 

• filming

• film video editing

• film/video production

• photography

• photo editing

• photo production

• digital photography

• digital photo editing

• digital photo production

• documentary production and editing

• sound recording

• sound manipulation

• music productions

• television production

• web design

• web production

you, the Client consents to be a subject of/in Moonset Media Content and allows Moonset Media to capture images, video and sound recordings for use in Moonset Media Content.

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Moonset Media is released of liability for good and valuable consideration herein acknowledged as received, the Client releases Moonset Media and assigns permission to license all images, video and sound recordings and the use of images, video and sound recordings in any media for any purpose which may include, among others, advertising, promotion, marketing and packaging for any product or service.

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The Client agrees that any images, video and sound recordings may be combined with other images, text and graphics, cropped, altered and modified. Moonset Media retains all rights and the Client agrees that Moonset Media has all rights to images and sound recordings, for perpetuity unless explicitly noted in this Agreement.

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The Client gives Moonset Media the irrevocable right and permission to use photographs, videos, and other media content taken by Moonset Media, for any purpose whatsoever, including but not limited to promotional materials, marketing materials, social media, and online advertising.

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The Client understand that Moonset Media will be the owner of the media content and may edit, modify, or reproduce it without any compensation.

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The Client also waives any right to inspect or approve the final media content, and I releasees Moonset Media and its employees from any liability in connection with the use of such media content.

 

This agreement shall be binding upon me, my heirs, legal representatives, and assigns.

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Indemnity

Moonset Media is committed to providing high-quality services and delivering exceptional results to our clients. However, it is important to clearly outline the terms and conditions regarding indemnity to ensure a comprehensive understanding of responsibilities and liabilities. By engaging our services, you acknowledge and agree to the following:
 

• Moonset Media will not be held responsible for any damages, losses, or claims arising from the use of our services, including any direct, indirect, incidental, or consequential damages.

• You agree to indemnify and hold Moonset Media, our employees, agents, and affiliates harmless from any claims, demands, or actions arising out of or related to the services provided by Moonset Media.

• Moonset Media will make every effort to ensure the accuracy and quality of our work. However, we do not guarantee the completeness, accuracy, or reliability of any deliverables or content produced during the provision of our services.

• It is your responsibility to review and approve all deliverables, including designs, content, and materials, before their final use or publication. Moonset Media will not be liable for any errors, omissions, or inaccuracies once the deliverables have been approved and finalised.

• Moonset Media reserves the right to modify or terminate services at any time, as well as update or modify these indemnity terms and conditions. Any changes will be communicated to you in a timely manner.

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Travel Costs

• Travel costs incur a 2.5% admin fee and will be pre-approved by you before being added to your final invoice

• 100% of travel costs (including admin fee) is required to secure your booking

• All Travel costs will not be refunded

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GST on On-Charged Expenses

• Moonset Media charges GST on all on-charged expenses to clients. This GST component is applied to cover the service fee associated with administering and accounting for goods or services that are being on-charged. Additionally, it compensates for the interest lost due to the outlay of Moonset Media's capital to cover these expenses. By engaging Moonset Media to on-charge expenses, the client acknowledges and agrees to this GST charge, which ensures that Moonset Media can continue to provide high-quality service in a timely and efficient manner.

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Wedding Photo / Video Agreement

• Travel costs incur a 2.5% admin fee and will be pre-approved by you before being added to your final invoice

• 50% deposit plus travel costs (including admin fee) is required to secure your booking

• Remaining 50% of the total invoice to be paid before your wedding

• If you cancel your booking less than 14 days before your wedding, you will be refunded 80% of your deposit

• If you cancel your booking more than 14 days before your wedding, you will be refunded 100% of your deposit less $150

• All Travel costs will not be refunded

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Real Estate Photo / Video Agreement

You, the client, accept responsibility for ensuring that the property/real estate is clean and tidy and ready for the shoot. In preparation of the shoot, all very personal items should be stored away, all blinds/curtains should be open, and all lights should be on.

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Moonset Media is a photo and video service and will not move items, clean, or tidy the property/real estate in preparation for the shoot. Any delays caused by a lack of preparation will attract an additional charge based on the hourly rate of the shoot and the time taken in the delay.

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Quotes

Moonset Media quotes are indicative prices based on estimates of time and service to complete the job. Shooting and editing estimates may not reflect the final price/invoice for the job. You, the client, agree to allow a 40% increase or decrease in quoted price if shooting/editing times inflate or deflate. Any additional increase or decrease, above the 40% margin, will be communicated with you before continuing with the job.

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Payment Terms

You, the client, agree to pay invoices in full before receiving/downloading video and/or photo content created by Moonset Media.

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For domain registration, email hosting, website hosting, and website design, a 50% payment is required before commencement. This payment confirms your commitment to the project and allows us to allocate the necessary resources to ensure its successful delivery. The remaining balance is due upon completion of the project or service, prior to the final handover of assets or deployment.

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Failure to provide the required deposit within the specified timeframe may result in delays or cancellation of the project. Moonset Media reserves the right to retain the initial deposit in cases of project cancellation initiated by the client after work has commenced.

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For ongoing services, such as hosting or maintenance, payments must be made in accordance with the agreed-upon billing cycle. Non-payment may result in service interruptions or termination.

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Refund Policy

Deposits are non-refundable once work on a project has commenced. If Moonset Media is unable to deliver the agreed-upon services due to unforeseen circumstances, a proportional refund may be considered, subject to the scope of completed work.

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Debt Collection
If an invoice remains unpaid 30 days past its due date, we initiate the debt collection process. This step is taken to recover the outstanding amount and is in accordance with our commitment to responsible financial management. We understand that unforeseen circumstances can occur, and we encourage clients to communicate with us promptly if they are facing difficulties in meeting payment deadlines.

Please be aware that once the debt collection process is initiated, any additional costs incurred through the debt collector’s service will be charged to the client. This includes, but is not limited to, collection agency fees, legal fees, and any other costs associated with the recovery of the debt.

We endeavour to communicate transparently and respectfully throughout this process and appreciate the same from our clients. If you have any concerns or questions about an outstanding invoice, please contact us as soon as possible to discuss potential arrangements. We appreciate your understanding and cooperation in adhering to these terms, which are essential for the smooth operation and sustainability of our business..

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Termination of Service

Moonset Media reserves the right to terminate service to you, the client, at any time.

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Force Majeure

Each party (you and Moonset Media) shall be excused from liability for the failure or delay in performance of any obligation by reason of any event beyond such party’s reasonable control, including but not limited to, Acts of God, fire, flood, explosion, earthquake, or other natural forces, death, serious injury or illness, pandemic, war, civil unrest, any strike or labour disturbance.