Terms and conditions.
This agreement applies to and between you, the User of this Website and Onebox Media or https://www.oneboxmedia.com.au. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately. Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using this website and/or our service (the "Service") operated by Onebox Media or https://www.oneboxmedia.com.au ("us", "we", or "our").
In this Agreement “you” and “your” refer to our customers, prospective customers, and users of our website, “we”, “company”, “us” and “our” refer to https://www.oneboxmedia.com.au or Onebox media and “Service” refers to the services provided by us. Party”, “Parties”, or “Us”, refers to both the Customers and ourselves, or either the Customer or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to our customers in the most appropriate manner, for the express purpose of meeting the customer’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing laws. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Any and all use of our services is subject to this Agreement, which may be updated by us from time to time without prior notice to our customers. Any change of terms shall be binding and effective upon posting of the revised Agreement on our website. In addition to this Agreement, specific services or information contained within this website may be subject to additional posted terms or guidelines applicable to such services. All such terms or guidelines are hereby incorporated by reference into this Agreement.
By using https://www.oneboxmedia.com.au (the “Site”) or any of our services (“Services”), you agree to follow and be bound by these Terms of Services (the “Terms of Services”) and agree to comply with all applicable laws and regulations.
Unauthorised access
It is unlawful to try and gain unauthorised access to the site, its servers, or any computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you will be committing a criminal offence. In the event of such a breach, your right to use the Site and our services will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any material posted on it, or on any website linked to it.
Our Services
Onebox media is a Sydney based photography/videography company that specialises in real estate photography/videography. We offer real estate photographer such as floor plans, 360 video tours, aerial photos, copyrighting and other general real estate photos. Our team has more than 7+ years of experience which enables us to produce high-quality work, making onebox media the best choice for real estate photography in Sydney, Australia.
We also offer photography/videography for important events in your life such a birthdays, corporate functions and engagement parties. Furthermore, our service also includes portraits for official purposes or other reasons you might require.
No matter the service, we are always available to answer any questions you may have and strive to provide quick, efficient and high-quality work.
Fees and Payments
Prices may vary based on the service you require. If you wish to purchase any of our services made available on the website, you should contact us hello@oneboxmedia.com.au or call 0404779920. We will provide you a quote based on your requirements and send an invoice to your email with a service agreement detailing our terms of service (we suggest you read this very carefully).
Whilst making payment, you may be asked to supply certain information relevant to your Purchase including, without limitation, your name, your phone number, house address, email address, card details and any such information needed by us for you to complete payments. Payment is to be made within 4 weeks of receiving an invoice from us.
Kindly note that rates are not fixed and can be changed at any time. We may revaluate the rates/fees at any time based on the requirements of a customer or time required to provide the services to the customer. We reserve the right to adjust the estimate before or after the service is completed depending on the situation. There might also be additional fees as stated in our service agreement.
Refund and Cancellation/reschedule Policy
Cancellation and/or refunds cannot be made to users/customers after a payment has been made. All payments are final once paid.
Customers may cancel or reschedule a real estate photo/video shoot including floor plans and copywriting before one (1) hour of the agreed time for the photo/video shoot. Any cancellation or rescheduling request within one (1) hour of the scheduled time for the real estate photo/video shoot shall incur an additional fee of $50 per service (i.e. if we have been hired to take photos and videos of the real estate, this shall be regarded as two services and the payment due shall be $100).
Customer may cancel or reschedule an event photo/video shoot at any time. However, any payment made by the client prior to such cancellation such as any security deposit shall be non-refundable.
The Customer may cancel or reschedule a portrait photoshoot at any time at no extra cost.
Performance by the Parties
You understand and accept that the photographic coverage will be provided at our professional discretion and that not one photograph can be deemed more important than the other.
You shall give us up to 30 days after the coverage/shoot to edit the photos and/or videos taken.
We shall not be held liable should any key individuals fail to appear or cooperate during photography/videography sessions or for missed images due to details not revealed or adequately provided by you.
We shall have the overall right and in our sole judgment decide on the style and input in the production of pictures and/or videos. This includes but not limited to locations, poses and number of images taken.
The final postproduction and editing styles, effects, and overall look of the images/videos shall be at our discretion.
We have the right to terminate coverage and leave the location of the photo/video shoot if the we experience inappropriate, threatening, hostile or offensive behaviour from person(s) at the location; or in the event that our safety is in question.
We are limited by the rules and guidelines of the location(s) and site management. It is your responsibility to negotiation with the officials of the venue for moderation of guidelines. We shall only offer the technical recommendations.
You hereby assign to us the irrevocable and unrestricted right to use and publish photographs taken at the photo/video shoot, for editorial, trade, advertising, educational and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same without restriction. You hereby release all claims to profits that may arise from use of images.
You understand and agree that cooperation and punctuality are essential to successfully complete the service. Shooting commences at the scheduled start time and ends at the scheduled end time. If you fail to arrive at the scheduled time, shooting will commence at the scheduled start time and end at the scheduled end time. All additional time beyond the scheduled end time will be added to your bill which is payable upon receipt.
You are responsible for acquiring all permits and necessary permission for all locations on which the we shall be performing the services.
You agree to confirm the schedule one-week prior to the photo/video shoot. Notification of any changes in schedule or location must be made in a timely manner and confirmation of receipt must be obtained from us.
You warrant that we shall be the sole and permitted photographer on the day of the shoot.
You shall be responsible for providing food on the day of the event to us and ensure all breaks due and agreed by the parties are duly granted.
Intellectual Property
Subject to other terms in these Terms and Conditions, all Content included on the Website, including, but not limited to, text, graphics, logos, icons, images/photos, sound clips, video clips, data compilations, page layout, underlying code and software is the property of https://www.oneboxmedia.com.au or our affiliates or other relevant third parties. By continuing to use the Website, you acknowledge that such material is protected by applicable laws of Australia and, International and European Intellectual Property and other laws. You may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by us.
The Photographs/ images/videos produced by Onebox media are protected by Copyright Law and may not be reproduced in any manner without the Photographer’s explicitly written permission. Upon final payment by the client, the client is granted limited licence to use and or display resulting image(s). The image(s) may not be altered or used in any manner outside what is prescribed in this document without prior written permission of Onebox media. The client must obtain written permission from and compensate Onebox media prior to the client, its associates, friends or relatives re-distributing or selling the photographs for any reason not prescribed in this document
Links to Other Websites
This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of https://www.oneboxmedia.com.au or that of our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
Use of the website
When using the website and our service, you shall act in accordance with the following rules:
The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
You must be polite to us and members of our staff and/or our affiliates. You shall not use any swear word or make any racist, sexist, threating words towards the them.
When leaving us a comment/review, you must avoid using swear words or make any racist, sexist, threating words.
Termination and Cancellation
We may terminate your transaction If we observe you have breached any terms of this agreement. You will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, https://www.oneboxmedia.com.au reserves the right to cancel orders or transactions without stating reasons, for any reason prior to processing payment or commencing Services provision.
Our responsibilities
Your safety when using our site is paramount to us. Hence, all reasonable skill and care shall be taken to ensure your safety when using our website. Please kindly note that whilst your security is paramount to us, remember that no method of transmission over the Internet, or method of payment is 100% secure. While we strive to use commercially acceptable means to protect your transactions on our website, we cannot guarantee its absolute security.
We will do our best to maintain the operation of the Site for the Service, however, we may need to temporarily suspend the Service for operational reasons (e.g. for repairs, planned maintenance or upgrades). We promise to restore the Service as soon as reasonably possible after any suspension.
If we cannot do what we have promised in these Terms because of something beyond our reasonable control (including, without limitation, disputes involving our employees, affiliates, partners), we will not be liable for this.
Disclaimers
We do not make any warranty or representation that the Website will meet your requirements, that it will be fit for a particular purpose, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service or Services.
Whilst every effort has been made to ensure that all descriptions of Services available from https://www.oneboxmedia.com.au correspond to the actual Services, we are not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Services, not different Services altogether.
Whilst we do our best to ensure that the Website is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers.
Third-party websites with links from the Site have not been verified or reviewed by https://www.oneboxmedia.com.au, use and access of such third-party websites is made at your own risk.
Modification of Service and these Terms and Conditions
https://www.oneboxmedia.com.au reserves the right to change the Website, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes. If we are required by law to make any changes to Terms and Conditions, these changes will apply automatically to any transaction currently pending in addition to any transaction placed by you in the future.
Limitation of Liability
To the maximum extent permitted by law, Onebox media accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. Users should be aware that they use the Website and its Content at their own risk. We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
If we fail to comply with these terms and/or any of our services as promised to you, we are responsible for any reasonable loss or damage you suffer that is a foreseeable result of us breaking this agreement or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable.
Unless it is caused by us and is reasonably foreseeable, we will generally not be liable for:
any incorrect or inaccurate information on the Site and all interruptions to or delays in updating the Service;
the infringement by any person of any Intellectual Property Rights of any third party caused by their use of the Site;
any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by persons accessing, using or downloading the Site, or from transmissions via emails or attachments received from https://www.oneboxmedia.com.au or its licensees.
Nothing in these Terms and Conditions excludes or restricts our liability for death or personal injury resulting from any negligence or fraud on our part.
Indemnification
You agree to defend, indemnify and hold Onebox media harmless from and against any and all claims, proceedings, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
your use of and access to our site https://www.oneboxmedia.com.au and our Services, including any data, or content transmitted or received by you;
your violation of any term or condition of this Agreement, including without limitation, your breach of any of the representations and warranties contained herein;
your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights;
your violation of any applicable law, rule or regulation;
any wilful misconduct or gross negligence by you.
No Waiver
Any default, delay or omission of any of the provisions of this Agreement by either Party will not be construed as a waiver of any subsequent breach of the same or other provisions. We are entitled to still pursue any omitted or failed payment by you at any time.
Severability
In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.
Resolving disputes
Any dispute arising from this Agreement shall be resolved through mediation. If the dispute cannot be resolved through mediation, then the dispute will be resolved through binding arbitration conducted by an expert arbitrator from Australia or as agreed upon by the parties. The cost of Arbitration shall be borne by the party making a claim.
Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
If there is any inconsistency or conflict between this terms and conditions and the service agreement provided to you, the provisions of the service agreement shall prevail and supersede the content of this terms and conditions
Third Party Rights
Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and Onebox media or https://www.oneboxmedia.com.au.
Law and Jurisdiction
These Terms and Conditions and the relationship between you and Onebox media shall be governed by and construed in accordance with the laws of Australia and you agree to submit to the exclusive jurisdiction of Australia.
Entire agreement
These Terms, service agreement and any other agreement contained on the Site or agreed by the parties constitute the entire agreement between you and Onebox media.
Information about our use of cookies
We use cookies on this website to provide you with a better user experience. We do this by placing a small text file on your device / computer hard drive to track how you use the website, to record or log whether you have seen particular messages that we display, to keep you logged into the website where applicable, to display relevant adverts or content, referred you to a third party website. Some cookies are required to enjoy and use the full functionality of this website. We use a cookie control system which allows you to accept the use of cookies, and control which cookies are saved to your device / computer. Some cookies will be saved for specific time periods, where others may last indefinitely. Your web browser should provide you with the controls to manage and delete cookies from your device, please see your web browser options. https://www.oneboxmedia.com.au uses cookies to help us identify and track visitors, their usage of https://www.oneboxmedia.com.au and their website access preferences. https://www.oneboxmedia.com.au visitors who do not wish to have cookies placed on their computers should set their browsers to refuse cookies before using our website, with the drawback that certain features of https://www.oneboxmedia.com.au may not function properly without the aid of cookies. By continuing to navigate our website without changing your cookie settings, you hereby acknowledge and agree to our use of cookies.
Please note that third parties (including, for example, advertising networks and providers of external services like web traffic analysis services) may also use cookies. These cookies are likely to be analytical/performance cookies or targeting cookies.
How to contact us
If you have any questions about out company’s Terms and Conditions, or you would like to exercise one of your data protection rights, please do not hesitate to contact us on our contact details provided on this website or simply click on https://www.oneboxmedia.com.au/contact.