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TERMS & CONDITIONS

This work for Hire Agreement (“Agreement”) is made [Date],
between [Webcasting] and [Client Company].

In this Agreement, the party who is contracting to receive the services shall be referred to as the “Client” and the party who will be providing the services shall be referred to as the “Service Provider (Webcasting PTY Limited)”.

1. DESCRIPTION OF SERVICES.
Beginning on «Start_Date», Service Provider will provide the services as laid out in this proposal (collectively, the “Services”).

2. SERVICE LOCATION.
The Service to be provided under this Agreement shall be performed at the Service Provider’s place of business.

3. SCHEDULE AND DAYS OFF.
Service Provider Assistance is generally available to provide Services during normal business hours. Monday – Friday 8am – 5pm EST, excluding national holidays.
Note: For VAS in other time-zones, it makes sense to specify what the expected working hours will be, and your policy for vacation, holidays, and sick days.

4. PAYMENT FOR SERVICES.
Client will pay compensation to Service Provider for the Services at a rate of «Fee_Amount» per month. This compensation shall be payable and due upon receipt of invoice.

5. TERM/TERMINATION/CANCELLATION
Either party may terminate this agreement upon 14 days written notice to the other party. Provided, however, that each party may terminate the Agreement immediately without prior notice in the event of a breach of this Agreement by the other party. Upon Termination, Service Provider shall invoice Client for any payment due, and payment will be due immediately upon receipt. If event required flights and accommodation the 50% booking fee is not refundable. Live Streaming and Video production services are subject to weather and the conditions beyond the control of TV Cloud PTY LTD. Client acknowledges that when cancellations occur closer to an event date, items including but limited to labour and equipment rentals may have already been paid in full by TV Cloud PTY LTD and cannot be reimbursed. Likewise, if we have made travel or accommodation bookings related to your stream, these portions may be non-refundable in the event of cancellation. Our company and its contractors or employees may have turned down additional obligations or employment opportunities in order to provide our client the services aforementioned. Client acknowledges their right to cancellation under the following terms, if client cancelled the event 36 hours prior to event start time 100% of the event charge or contract is due and payable. At 72 hours or 3 days prior to event start time 75% of the event charge or contract is due and payable. At 120 hours or 5 days prior to event start time 50% of the event charge or contract is due and payable.

6. NON-DISCLOSURE AND NON-SOLICITATION.
Service Provider shall not directly or indirectly disclose to any person other than a representative of Client at any time either during the term of this Agreement or following the termination or expiration thereof, any confidential or proprietary information pertaining to Client, including but not limited to customer lists, contacts, financial data, sales data, supply sources, business opportunities for new or developing business, plans and models, or trade secrets. Furthermore, Service Provider agrees that during the term of this Agreement, and for 2 years following the termination of this Agreement, Service Provider shall not directly or indirectly solicit or attempt to solicit any customers or suppliers of Client other than on behalf of client himself.

7. RELATIONSHIP OF PARTIES.
It is understood by the parties that Service Provider is an independent contractor with respect to the Client and not an employee of the Client. The Client will not provide fringe benefits, including health insurance benefits, paid vacation, or any other employee benefit, for the benefit of Service Provider.

8. WORK PRODUCT AND MEDIA OWNERSHIP.
Any works copyrighted, ideas, discoveries, inventions, patents, products, or other information (collectively, the “Work Product”) developed in whole or in part in Service Provider in connection with the Services shall be the exclusive property of the Client. Upon request, Service Provider shall sign all documents necessary to confirm or perfect the exclusive ownership of the Client to the Work Product. Webcasting does not hold copyright over client video or audio content (recordings)

9. LIABILITY.
Service Provider will not be liable for loss, damage, or delay of Client’s project due to circumstances beyond Contractor’s control. Such circumstances may include (but are not limited to) acts of God, public unrest, power outages, and inability to contact the Client. In the event of such loss, damage or delay, Service Provider will make every effort to notify Client immediately.

10. CONFIDENTIALITY.
Service Provider will not at any time or in any manner, either directly or indirectly, use for the personal benefit of Service Provider, or divulge, disclose, or communicate in any manner any information that is proprietary to the Client. Service Provider will protect such information and treat it as strictly confidential. This provision shall continue to be effective after the termination of this Agreement. Upon termination of this Agreement, Service Provider will return to Client all records, notes documentation and other items that were used, created, or controlled by Service Provider during the term of this Agreement with the exception of items purchased by Service Provider and not reimbursed by the Client. We respect our clients confidential data and privacy laws and conditions.

11. SEVERABILITY.
If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

12. DEFINITIONS AND DURATION OF PROPOSAL.

Title of Goods or Services does not pass to the Buyer until all accounts or monies owing to TVCLOUD PTY Limited have been paid in full with cleared funds.

(Please note our Estimate/Quote is valid f or 7 days)

13. FEES AND CHARGES.

Webcasting accounts can also be paid by Visa and Mastercard however a surcharge o f 2% applies t o these transactions or AMEX with a surcharge of 4%, please call 1300 932 227 to pay by credit card manually. We do expect payment within 7 days, so please process this invoice within that time. There will be a 5% interest charge per month on late invoices. Payment is required a minimum of 7 days before event and 7 days post event. A 50% Booking deposit is required on acceptance o f this Estimate/quote 7 days prior t o event or by arrangement. Webcasting cannot provide links or services or book flights, etc until 50% booking deposit is paid. Balance of 50% Strictly 7 Days post event.

14. CONSULTANCY FEES AND CHARGES.

Webcasting charges a standard consultancy fee of $125 per plus GST, this is for Pre-event or general consultancy for professional Live Streaming events or setting up streaming systems and or services including streaming hardware.

15. ACCEPTANCE OF QUOTATION.

50% BOOKING DEPOSIT REQUIRED 7 DAYS (MINIMUM) BEFORE EVENT

Webcasting will create your Landing page and streaming links, plus if your using Subscription or Pay Per View we will create your online portal

50% BALANCE OF INVOICE PAYMENT POST EVENT REQUIRED 7 DAYS (MAX) AFTER EVENT

Website – Terms of Service

These Terms of Service govern your use of the website located at https://webcasting.tv/ and any related services provided by TVCLOUD PTY Limited.

By accessing https://webcasting.tv/, you agree to abide by these Terms of Service and to comply with all applicable laws and regulations. If you do not agree with these Terms of Service, you are prohibited from using or accessing this website or using any other services provided by TVCLOUD PTY Limited.

We, TVCLOUD PTY Limited, reserve the right to review and amend any of these Terms of Service at our sole discretion. Upon doing so, we will update this page. Any changes to these Terms of Service will take effect immediately from the date of publication.

These Terms of Service were last updated on 14 September 2021.

Limitations of Use

By using this website, you warrant on behalf of yourself, your users, and other parties you represent that you will not:

modify, copy, prepare derivative works of, decompile, or reverse engineer any materials and software contained on this website;

remove any copyright or other proprietary notations from any materials and software on this website;

transfer the materials to another person or “mirror” the materials on any other server;

knowingly or negligently use this website or any of its associated services in a way that abuses or disrupts our networks or any other service Webcasting PTY Limited provides;

use this website or its associated services to transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful material;

use this website or its associated services in violation of any applicable laws or regulations;

use this website in conjunction with sending unauthorized advertising or spam;

harvest, collect, or gather user data without the user’s consent; or

use this website or its associated services in such a way that may infringe the privacy, intellectual property rights, or other rights of third parties.

Intellectual Property

The intellectual property in the materials contained in this website are owned by or licensed to TVCLOUD PTY Limited and are protected by applicable copyright and trademark law. We grant our users permission to download one copy of the materials for personal, non-commercial transitory use.

This constitutes the grant of a license, not a transfer of title. This license shall automatically terminate if you violate any of these restrictions or the Terms of Service, and may be terminated by TVCLOUD PTY Limited at any time.

User-Generated Content

You retain your intellectual property ownership rights over content you submit to us for publication on our website. We will never claim ownership of your content, but we do require a license from you in order to use it.

When you use our website or its associated services to post, upload, share, or otherwise transmit content covered by intellectual property rights, you grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, distribute, modify, run, copy, publicly display, translate, or otherwise create derivative works of your content in a manner that is consistent with your privacy preferences and our Privacy Policy.

The license you grant us can be terminated at any time by deleting your content or account. However, to the extent that we (or our partners) have used your content in connection with commercial or sponsored content, the license will continue until the relevant commercial or post has been discontinued by us.

You give us permission to use your username and other identifying information associated with your account in a manner that is consistent with your privacy preferences, and our Privacy Policy.

Liability

Our website and the materials on our website are provided on an ‘as is’ basis. To the extent permitted by law, TVCLOUD PTY Limited makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property, or other violation of rights.

In no event shall TVCLOUD PTY Limited or its suppliers be liable for any consequential loss suffered or incurred by you or any third party arising from the use or inability to use this website or the materials on this website, even if TVCLOUD PTY Limited or an authorized representative has been notified, orally or in writing, of the possibility of such damage.

In the context of this agreement, “consequential loss” includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity, or otherwise.

Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Accuracy of Materials

The materials appearing on our website are not comprehensive and are for general information purposes only. Webcasting PTY Limited does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on this website, or otherwise relating to such materials or on any resources linked to this website.

Links

TVCLOUD PTY Limited has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement, approval, or control by TVCLOUD PTY Limited of the site. Use of any such linked site is at your own risk and we strongly advise you make your own investigations with respect to the suitability of those sites.

Right to Terminate

We may suspend or terminate your right to use our website and terminate these Terms of Service immediately upon written notice to you for any breach of these Terms of Service.

Severance

Any term of these Terms of Service which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity of the remainder of these Terms of Service is not affected.

Governing Law

These Terms of Service are governed by and construed in accordance with the laws of Australia. You irrevocably submit to the exclusive jurisdiction of the courts in that State or location. 

Terms & Conditions