Trading Terms And Conditions

SPECTRUM VISUAL MEDIA / SPECTRUM GRAPHIC MEDIA and NATIONAL FASHION NETWORK
TERMS AND CONDITIONS OF TRADING

By reading the below Terms and Conditions and engaging “Spectrum Visual Media / Spectrum Graphic Media and National Fashion” for our services and products you automatically agree to these Terms and Conditions. You read and understand the Terms and Conditions before engaging our services.

QUOTATIONS NO FREE WORK. (Prospective client are NOT to contact or approach us if requiring FREE work.) (TFP for special circumstances)
ALL work quoted at Industry Standard rates. (Discounts made under special circumstances.) Charities and Not-For-Profits by negotiation if necessary.
Job to be booked minimum 1 week in advance. (The more time the better)
Note: Clients are to determine their own ability to pay for our services BEFORE the booking is made work is commenced.
Editing will NOT commence until payment is made.
Late payment attracts late fees of 25%.
Only 1 set of changes permitted. Payment required for further changes.
All fees to be settled before Video or products are made available to the client (or publically available.)
All prices quoted are for acceptance within fourteen (14 days). Quotations are based on the current cost of production (materials, wages etc) and they are subject to amendment by ‘Spectrum Visual Media / Spectrum Graphic Media and National Fashion’ before or after the acceptance to meet any cost variation or general price change between the date of quotation and the completion of work. When estimates are based on clients’ instructions, additional costs incurred by ‘Spectrum Visual Media / Spectrum Graphic Media and National Fashion’, as a result of variation by the client or by the manuscript being poorly prepared, will be charged against the client. All quotes must be in writing, in official form and should not be solely verbal. Any written Contract Agreements will state any other conditions or changes to this original document.
Value added services must be approves and in writing.

ADDITIONAL CHARGES FOR EXTRAS
Note: Any of the below charges may be added to the quotation OR charges added after the event where deems necessary by management.
• Extra Services
• Extra Editing
• Extra personnel
• Extra Equipment
• Extra storage
• Parking and Travel Time
• Extra Editing Resources
• Multiple changes to the final product. (See Author’s corrections)

SALES TAX Artwork purchased from ‘Spectrum Visual Media / Spectrum Graphic Media and National Fashion’ is conditionally exempted of Sales Tax under Exemption Item 24(3) in Schedule One of the Sales Tax (Exemptions and Classifications) Act 1992 or later. Sales Tax will be charged if a correctly completed conditional exemption certificate is not supplied by the client. The onus is on you. INSTRUCTIONS FROM CLIENT ‘Spectrum Visual Media / Spectrum Graphic Media and National Fashion’ will endeavor to ensure accuracy, but will not be responsible for any errors or omissions made whether or not due to misinterpretation or oversight by ‘Spectrum Visual Media / Spectrum Graphic Media and National Fashion’ of the client’s instructions. ALL instruction must be in clear English, and video changes must have accurate timecodes referred to. Special instructions MUST be in writing BEFORE the event and NOT AFTER. No employee or agent of ‘Spectrum Visual Media / Spectrum Graphic Media and National Fashion’ has any authority to waive this or any other condition or to make any representation, warranty, condition or collateral contract binding upon ‘Spectrum Visual Media / Spectrum Graphic Media and National Fashion’.
All instruction MUST be in writing and sent to use via email. Verbal instructions are not adequate.

PROOFS (hard copy and electronic) Any client’s additions or alterations to copy when a proof is submitted or re-arrangements of type, layout, design or illustrations, etc, will be charged for as author’s corrections. No responsibility or liability will be accepted by ‘Spectrum Visual Media / Spectrum Graphic Media and National Fashion’ for any error or omission in proofs passed by the client. Nor will ‘Spectrum Visual Media / Spectrum Graphic Media and National Fashion’ accept responsibility or liability when the client requests Spectrum Visual Media / Spectrum Graphic Media and National Fashion to approve artwork or colour proofs on the client’s behalf.

AUTHOR’S CORRECTIONS Author’s corrections or changes requested after final approved “Media Products” have been delivered, will be considered to be ‘new work’ and shall be charged as an extra. CLIENT PROPERTY All client property and materials supplied to ‘Spectrum Visual Media / Spectrum Graphic Media and National Fashion’ (including those in transport) are held at client’s own risk. ‘Spectrum Visual Media / Spectrum Graphic Media and National Fashion’ accepts no responsibility or liability for any loss or damage or both to client property or materials or both unless otherwise agreed to by ‘Spectrum Visual Media / Spectrum Graphic Media and National Fashion’ in writing. Insurance is clients’ responsibility. All wastage and spoilage of material supplied by the client shall be borne by the client. ‘Spectrum Visual Media / Spectrum Graphic Media and National Fashion’ will also make every effort to return to the client as promptly as possible all client property and material for which the client has paid. ‘Spectrum Visual Media / Spectrum Graphic Media and National Fashion’ cannot release any photographs, illustrations, lettering, videos, or other artwork or “Media Products”: which is specifically owned by those who produce such artwork. Any transfer of ownership can only be signed away by these suppliers directly.

ELECTRONIC DATA It is in the client’s interest to only supply a copy of the original data. ‘Spectrum Visual Media / Spectrum Graphic Media and National Fashion’ will not be held responsible or liable for any loss or damage to data supplied by the client. COPYRIGHT AND TRADEMARKS Copyright of all components and finished art, “Media Products” and all materials produced and paid for in connection with the production of any finished art or “Media Products” shall become the property of the client. Any design ideas which are not accepted and paid for by the client become property of ‘Spectrum Visual Media / Spectrum Graphic Media and National Fashion’ which will be free to use such designs in its absolute discretion. ‘Spectrum Graphic Media and National Fashion’ does not use commercial or Copyrighted music (unless otherwise agreed) and will not be held liable for any breaches of Copyright. We only use license paid Royalty Free Music form respected suppliers.
Please respect the License Conditions attached to Music, Video and Images used in “Media Products”, including Royally Free products.
All “Media Products” including Logos, illustrations, video, photographs, and product designs (under copyright law) remain the property of ‘Spectrum Visual Media / Spectrum Graphic Media and National Fashion ‘unless transfer of copyright has been made in writing. Transfer of Copyright is at the absolute discretion of ‘Spectrum Visual Media / Spectrum Graphic Media and National Fashion’. We refuse to use Copyrighted material.
The client will be responsible for any Copyright strikes on Social Media Platforms, including Vimeo, Youtube, Instagram, Facebook, etc .See rules of copyright in separate publications or online.

‘Spectrum Visual Media / Spectrum Graphic Media and National Fashion’ and its employees and contractors make all possible efforts not to breach Copyright of Trademarks and performs extensive research. However, we cannot be responsible for any breaches in Australia or Internationally.
For Questions about Copyright refer to Australian Copyright Council (02) 9318 1788 (OR Australian Graphic Design Association OR The Illustrators Association Of Australia, as well as other Design and Media Institutes). ON LOCATION VIDEOGRAPHY OR PHOTOGRAPHY It is the Clients responsibility to have the appropriate insurances for the event.
Client is liable to issues resulting in crowd control interfering with shooting the job, including mobile phones, tablets, people or objects in the way.
Provide a safe working environment.
Shelter from weather conditions.
Control crowds and patrons, and ensure they do not interfere with our operations or equipment.
Provide safe storage for our Videography and Photography Equipment.
The event and venue are to supply sufficient Industry Standard Lighting.
The event and venue are to supply sufficient Industry Standard Audio.
Suitable place for Videography and Photography Equipment can be stationed during the event.
‘Spectrum Graphic Media and National Fashion’ Staff and Contractors will try to keep disruption to audiences and the events much as possible.
Clients are to supply regular adequate refreshments and full meals, including regular rest breaks during lengthy events at appropriate times..

NOTE
It is scientifically and physically impossible to replicate colours exactly as they appear to the human eye due to limitations of the equipment, editing software and physics. The client MUST allow for this when checking images and Spectrum Visual Media / Spectrum Graphic Media and National Fashion’ is not liable for variations.

SAMPLES ‘Spectrum Visual Media / Spectrum Graphic Media and National Fashion’ reserves the right to use or reproduce any work or “Media Products” as samples. CLAIMS All claims or demands against ‘Spectrum Visual Media / Spectrum Graphic Media and National Fashion’ shall be made in writing within Seven (7) days after receipt of “Media Products” by the client from Spectrum Visual Media / Spectrum Graphic Media and National Fashion. No claim or demand shall be recognised or accepted by ‘Spectrum Visual Media / Spectrum Graphic Media and National Fashion’ after this period. DELIVERY OF “MEDIA PRODUCTS” AND PAYMENT Delivery of “Media Products” shall be accepted and payment shall become due upon notification that “Media Products” are ready for delivery. All payment of “Media Products” shall be by EFT cash or approved cheque unless other prior arrangements have been made with ‘Spectrum Visual Media / Spectrum Graphic Media and National Fashion’.
No Credit Accounts whatsoever.
No discounts on “Media Products” or services will apply unless otherwise given in writing. And will revert back to full payment terms after 4 weeks.
Our terms are strictly seven (7 days) unless negotiated and approved. 25% Deposit is required before production begins.
All fees to be settled before Video or products are made available to the client (or publically available.)

Due to the large volume of work being processed at any one time, multiple time consuming jobs, resources required, equipment requirements, extra staff required, as well as extended operation times (16/7) etc, :
• Videos generally have a minimum turnaround time of 2 weeks. (Longer if larger projects, eg . Weddings, etc can up to 3 months.)
• If jobs require very, quick turnaround, then more staff are employed, so a surcharge or 25% may be applied.)

All reasonable attempts will be made to contact client. (3x only by messenger, phone, email, SMS.)
The work or product will be disposed of if in arrears by over 6 months.
ALL unpaid work remains the property of ‘Spectrum Visual Media / Spectrum Graphic Media and National Fashion’ and our Contractors.
Unpaid invoices OR payments within 3 months will result in reporting to a Credit Reporting Agency.

PRICE RISES
Please Note: Due to the extremely high costs of professional videography / photography equipment
• Extremely high cost of professional editing systems.
• High wages and multiple staffing / contractors.
• Very time and resource intensive editing. (16 hrs per day, 7 days per week)
• Tight deadlines for multiple jobs.
• Higher quality and expectations / standards of clients.
• Increased technology costs
Extra requirements of multiple camera operators, multiple camera systems, special audio and lighting and other special requirements.
Most of these costs are included in your current package.
But price increases are inevitable is the near future, and may vary without notice.

FORCE MAJEURE Performance of the work or delivery or both may be suspended by ‘Spectrum Visual Media / Spectrum Graphic Media and National Fashion’ in the event of any strike, lockout, trade dispute, fire tempest, breakdown, riot, theft, crime, civic disturbances, war, force majeure, legislation, the inability of ‘Spectrum Visual Media / Spectrum Graphic Media and National Fashion’ to procure necessary materials or articles due to any of the foregoing causes, or any other occurrence preventing or retarding performance of the contract or delivery of work and no responsibility or liability shall be attached to ‘Spectrum Visual Media / Spectrum Graphic Media and National Fashion’ for any delay, default, loss or damage due to any of the above causes or to any other cause beyond the control of ‘Spectrum Visual Media / Spectrum Graphic Media and National Fashion’. CANCELLED ORDERS Orders cannot be cancelled except on terms which will compensate ‘Spectrum Visual Media / Spectrum Graphic Media and National Fashion’, for all work performed and for all materials used or purchased on behalf of the client to the date of cancellation. LIABILITY ‘Spectrum Visual Media / Spectrum Graphic Media and National Fashion’ shall not be liable for consequential or indirect loss arising from third party claims nor from client claims due to any error or omission made in carrying out the work or delay in delivery times, and the client hereby indemnifies and will continue to indemnify ‘Spectrum Visual Media / Spectrum Graphic Media and National Fashion’, its servants and agents from all actions, claims and demands whatsoever (whether in contract or tort) arising out of all matter contained herein. It is the client’s responsibility at all times to check the total design and specifications, samples and products of all work produced by Spectrum Visual Media / Spectrum Graphic Media and National Fashion. ‘Spectrum Visual Media / Spectrum Graphic Media and National Fashion’ endeavors to take all care and meet all specifications and it does not accept any responsibility or liability after the client has approved the “Media Products” proofs or designs. Spectrum Visual Media / Spectrum Graphic Media and National Fashion’ is insured.
‘Spectrum Visual Media / Spectrum Graphic Media and National Fashion’ will not be held liable for Social Media issues or Video / photography Website or Distribution malfunctions.
‘Spectrum Visual Media / Spectrum Graphic Media and National Fashion’ Fashion’ does not use commercial or Copyrighted music (unless otherwise agreed) and will not be held liable for any breaches of Copyright. We only use license paid Royalty Free Music form respected suppliers.

‘Spectrum Visual Media / Spectrum Graphic Media and National Fashion’ and its employees and contractors make all possible efforts not to breach Copyright of Trademarks and performs extensive research. However, we cannot be responsible for any breaches in Australia or Internationally.

CLIENTS POSTING AND STREAMING VIDEO MATERIAL
‘Spectrum Visual Media / Spectrum Graphic Media and National Fashion’ Social Media networks, EG. Vimeo, Youtube, Facebook, Instagram and similar, are not to be used for clients to stream their material. Video is NOT part of any arrangement. The client is responsible for downloading their material and posing / streaming in their own Social Media accounts.

‘Spectrum Visual Media / Spectrum Graphic Media and National Fashion’ is not responsible for any Copyright Breached that you incur on your own accounts.

COMPANY PURCHASE ORDERS IF SUPPLIED Unless expressly agreed in writing by ‘Spectrum Visual Media / Spectrum Graphic Media and National Fashion’, any omission, variation or addition to these conditions in the client’s purchase order, will be excluded. THE CLIENT Clients of ‘Spectrum Visual Media / Spectrum Graphic Media and National Fashion’ must do business with ‘Spectrum Visual Media / Spectrum Graphic Media and National Fashion’ in an honest, reliable and lawful way at all times and must not knowingly lie, deceive, thieve or use products unlawfully in Australia or anywhere else in the world by ANY means.
CONFIDENTIALITY All information shared between ‘Spectrum Visual Media / Spectrum Graphic Media and National Fashion’, Staff, Contractors, Companies or individuals engaged in business with, or under market surveys, whether verbally or written form is proprietary information and subject to strict confidentiality. It will be our intention to protect our interests against any parties who would seek to undermine our market or business, by a breach of confidentiality. RATES The hourly rate will normally be billed at $100 (plus “extras”) per hour unless varied by ‘Spectrum Visual Media / Spectrum Graphic Media and National Fashion’ management or agreement or contract, before beginning the job.
You are only permitted one set of Author’s changes per project, which is including in your package unless otherwise agreed.
Author’s changes are normally charged at $100 per hour unless varied my management. In some instances set job or project rates will apply, at ‘Spectrum Visual Media / Spectrum Graphic Media and National Fashion’ discretion. Subject to review at any time without notice.
Please refer to Standard Rate Sheet.

HOURS OF OPERATIONS
Spectrum Visual Media / Spectrum Graphic Media and National Fashion’ office normally operates 10-6pm Monday to Friday.
However, certain booked jobs / events may take place Monday to Sunday, during the day or at night.
But ‘Outside of Office Hours” charges will apply for any work performed outside of normal operations. Including communications with clients.

SPECIAL OR URGENT CIRCUMSTANCES OR URGENT DELIVERY A 50% surcharge applies to ‘Same Day Call out’
25% surcharge applies to “Next Day Call out”.
100% surcharge applies to ‘Next Day Delivery’ of ANY product.
Urgent Delivery (usually within the normal runaround time of 2 weeks) attracts a further 25% loading.
Note: All of the above requires hiring of extra staff or contractors, working through the night, over holidays, public holiday, sick times and weekends. As well as prioritizing your work before multiple clients other urgent work. Thus surcharges are necessary.
See below.

TIMELINESS AND DEADLINES. ‘Spectrum Visual Media / Spectrum Graphic Media and National Fashion’ and associated staff and contractors are committed to provided services by agreed deadlines, however due to circumstances beyond our control, technical, illness, and communication failures, we will not be held liable as a result of work not meeting a deadline.
It is also the client’s responsibility to allow enough time for the work to be processed, normally a minimum of 2 weeks.

SUPPLY OF WORK OR FILES ‘Spectrum Graphic Media and National Fashion’ does not normally supply the RAW camera files and is not part of the normal arrangement. If you require the raw files you may be charged extra as well as extra for the storage medium that it is delivered on. We are not responsible what you do with the files after we supply them to you.

CREDIT INVESTIGATION AND REPORTING ‘Spectrum Visual Media / Spectrum Graphic Media and National Fashion’ as well as subsidiaries and organizations they work for or represent, DO NOT offer credit on work.
When dealing with ‘Spectrum Visual Media / Spectrum Graphic Media and National Fashion’ we reserve the right to investigate as well as report to Credit Rating Agencies, as well as investigate with previous suppliers or employers of your status.
You may be asked for proof or you Credit status and well as 100 points of identity, including your address and contact details. (Confidential)

ARCHIVAL OF MATERIAL
‘Spectrum Visual Media / Spectrum Graphic Media and National Fashion’ has an extensive archival and backup system.
However, your files will only be archived for of 3 months. It is the client’s responsibility to store and backup your files once delivered to you.
‘Spectrum Visual Media / Spectrum Graphic Media and National Fashion’ will not be held responsible for loss of data or files. Electronic failures can easily happen and is not guaranteed as safe.
Security of our files is high, with security systems in place, deadlocks, cameras, tethers, GPS, alarms. ‘Spectrum Visual Media / Spectrum Graphic Media and National Fashion’ are not always able to protect data and equipment from theft or destruction.

EDUCATION AND VET INDUSTRY
‘Spectrum Visual Media / Spectrum Graphic Media and National Fashion’ is not a licensed RTO. However, Geoffrey Cavanagh is a trained and Certified ‘Trainer and Assessor’ with qualifications and 46 years in 5 owner operated businesses in–
• Printing and Graphic Arts Industry (Whole of Industry)
• Graphic Design and Finished Art
• Software Training
• Interactive Digital Media / Multimedia
• Web Design and Digital Production
• Graphic Prepress and related fields
• Screen and Media / Videography
• Certificate IV in Business
• Diploma of Leadership and Management
• Advanced Diploma of Leadership and Management
• Fine Art, Illustration and Design
• Instructional Design as well as others

We attempt to provide Educational Services (normally under contract) to the best of our ability and within the guidelines of the VET Industries frameworks and honor all contractual responsibilities.
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Note: “Media Products”: refers to items produced by Spectrum Visual Media / Spectrum Graphic Media and National Fashion, such as:
• Videos (all forms)
• Photography
• Animations
• Artwork
• Web Pages
• Illustrations
• Graphic Design
• Educational Material and Documents
• Education Services
• Printed Matter (all forms)
• Prepress Services
• Multimedia Services
• Social Media items
• Promotional Material
• Sub-Contractor’s Work
• Other Products as request by the client

“Extras” Refers To:
• Extra Services
• Extra Editing
• Extra personnel
• Extra Equipment
• Parking and Travel Time
• Extra Editing Resources

Please not that Spectrum Graphic Media is in the process of changing its trading name to Spectrum Visual Media” in Australia.

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