Terms and conditions - Social Media Subscription Packages
PAYMENT SCHEDULE
Purchase of service requires the Client to pay the first instalment to Sun Box Studios 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After this, an automatic recurring payment plan will be created for the Client and payments will be withdrawn monthly reflecting the Client’s check out date.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.
SERVICES
All subscription packages purchased by the Client include the following services:
On-site shooting
Off site post production editing
Client liaison
Should the Client require creative direction, producing, model casting, team assembly, prop sourcing or location scouting they are to inform Sun Box Studios 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 Sun Box Studios that serves as a checklist for all deliverables required to be provided to the Client. Failure to provide an itemised shot list to Sun Box Studios prior to the shoot could result in an unsatisfactory product/shoot at the cost of the client. If the Client requires Sun Box Studios to re-shoot, this will be at the expense of a subscription payment or an additional service fee.
DELIVERABLES
All Subscription Clients are allocated a selection of Images per hour from their photoshoot dependant upon their package purchased with Sun Box Studios. These selections will be made from an online gallery that will be delivered to the Client via email up to 78hrs 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 Sun Box Studios to the Client via Dropbox and Email within 48-72 hours 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 72hr turnaround an express edit option is available at an additional fee of $100 + GST. The client is required to notifySun Box Studios of this request prior to arriving on site for the shoot.
Sun Box Studios may however inform the client of changes to delivery timings 48 hours prior to the shoot. Delivery timings given to the Client by Sun Box Studios 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.
PHOTOSHOOT SCHEDULING
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 Sun Box Studios during normal business hours, Monday to Friday, 9am-5pm AEST. All subscription shoots are to take place Monday to Friday 9am-5pm. Bookings outside these hours will incur an out of hours loading fee of 30% of the shoot fee.
Sun Box Studios 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 Sun Box Studios. 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 due to unforeseen circumstances they are to provide their request in writing to Sun Box Studios during normal business hours, Monday to Friday, 9am-5pm AEST. Shoots are non-refundable.
Cancellation of a scheduled photoshoot requires the Client to give Sun Box Studios 48 hours notice in advance and in writing during business hours. Upon Cancellation the Client will be required to re-book a preferred date. Sun Box Studios 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. Sun Box Studios’ 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 ESTIMATE
Package estimates provided by Sun Box Studios 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.
PHOTOGRAPHERS CREDIT
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 - @SunBoxStudios
Publications - Sun Box Studios
USAGE
Where Sun Box Studios Provision of Services involves Photography or Retouching, Sun Box Studios 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 Sun Box Studios rights, the Client agrees that Sun Box Studios can use photographs and images taken at the location and other material Sun Box Studios creates or provides (all Materials) for promotional purposes including as examples of Sun Box Studios 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 Sun Box Studios may also alter the Materials, determining to include or remove the Client’s name or other IP, without prior client approval. Sun Box Studios reserves the right to subcontract any Services that Sun Box Studios has agreed to perform for the Client as Sun Box Studios sees fit.
SICKNESS
Upon unforeseen circumstances such as family emergencies or sickness, rescheduling will be required and organised by Sun Box Studios in conjunction with the Client. However, Sun Box Studios will not be liable for any compensation, If the services provided are unable to be rescheduled. In circumstances of sickness whereby Sun Box Studios 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. Sun Box Studios will not be liable for any extra fees incurred by these third party contractors.
CLIENT’S MATERIALS
All Materials are used and stored by Sun Box Studios solely at the Client’s risk and Sun Box Studios is under no obligation to insure any Materials.
Sun Box Studios 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 withSun Box Studios even though such person is present during and involved with the performance of the services.
DISPOSAL
Raw Images and edited files will be retained for up to twelve (12) months only and then will be disposed of, deleted or erased. If at the end of twelve (12) months services have not been paid for, Sun Box Studios 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 twelve (12) months, they can do so for an additional fee of $50/Image + GST.
RAW FILES
The Client may purchase raw files in viewable format for an additional fee. If the Client requires these files they must pay Sun Box Studios an additional fee of $500 + GST.
FAILURE OF EQUIPMENT
Whilst all reasonable care and preparation is taken for photography and editing, Sun Box Studios 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.
CLIENT ACKNOWLEDGEMENTS
The Client acknowledges and agrees that:
Sun Box Studios will have a lien on Materials provided by the client; and
No title in the Services manufactured, produced, duplicated, or otherwise provided by Sun Box Studios will be transferred to the Client until the Client pays all the amounts due to Sun Box Studios in full. The Client acknowledges and agrees that upon payment of all outstanding invoices due to Sun Box Studios, the Client is entitled to receive the finished works, but has no entitlement to the working files of Sun Box Studios. The Client acknowledges and agrees that the content, views and opinions expressed in the finished works produced for the Client by Sun Box Studios 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 Sun Box Studios, its employees and subcontractors.
MINIMUM TERMS
All Subscription Clients are bound by the minimum term of their package purchased from Sun Box Studios. Should the Client wish to cancel their subscription before the end of their minimum term, they are to pay Sun Box Studios out the balance of their minimum term, including their additional once month notice period.
Beginner - Six (6) month minimum term
Luxe - Six (6) month minimum term
Slow and Steady - Twelve (12) month minimum term
Hospitality - Twelve (12) month minimum term
CANCELLATION OF THE SUBSCRIPTION
If the client has engaged Sun Box Studios to provide services, the Client may notify Sun Box Studios 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 Sun Box Studios. 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 Sun Box Studios. Once the cancellation payment has been received from the Client, the subscription provided by Sun Box Studios will cease.
The Client shall not unreasonably withhold acceptance of, or payment for their package.
RIGHT OF REFUSAL OR TERMINATION
Sun Box Studios reserves the right to terminate the provision of services to the Client at any given time.
Sun Box Studios reserves the right to terminate the provision of services to the Client, if any person employed or contracted by Sun Box Studios 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 Sun Box Studios 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, Sun Box Studios may seek compensation from the client for any loss or damage suffered.
FORCE MAJEURE
If Sun Box Studios 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, sickness, family emergencies or omission of any third person or public authority, then Sun Box Studios’ obligations under the contract will be suspended for the duration of the event or waived to the extent applicable.
LEGAL COSTS
The client will be liable for any legal costs incurred by Sun Box Studios in the recovery of unpaid invoices on an indemnity basis.
PRIVACY
All information received by Sun Box Studios 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, Sun Box Studios will have limited availability for contact during normal business hours via email, Monday to Friday, 9am-5pm AEST.
If Sun Box Studios 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.
AMENDMENT
Sun Box Studios 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.