Terms & Conditions | Real Time Production

Real Time Production Co ABN 32133808426

(The Supplier)

TERMS & CONDITIONS OF SALE

1. General

If a provision of these Terms & Conditions is wholly or partly invalid or unenforceable, that provision or that part of it that is invalid or unenforceable must, to the extent, be deleted from these terms and conditions. Nothing affects the validity or enforceability of the remaining Terms & Conditions. In these terms and conditions the Applicant and\or Customer (“the Customer”) means the party accepting the terms and where applicable includes their\its directors, employees, contractors or agents. “Services” means the Services or products supplied to the Customer at an agreed event (or otherwise) from time to time pursuant to these Terms and Conditions as set out in the tax invoice or quote provided by the Supplier.

2. Supply

At the request of the Customer, the Supplier agrees to supply the Services described in the quote or tax invoice attached or otherwise provided by the Supplier.

These Terms and Conditions apply to the exclusion of all others including terms and conditions incorporated in any purchase order. The Supplier supplies only on these terms and conditions and any Customer taking delivery of Services and services shall by doing so agree to these terms and conditions applying to the exclusion of all other terms and conditions.

3. Payment

Terms of payment will be 14 days from invoice other than for Purchasers who have approval in writing otherwise. Corporate and Government clients can apply their standard Terms of Payment within 30 days from End of Month but not beyond unless approval in writing by The Supplier. If the Customer fails to pay any moneys owing to the Supplier when due, such overdue moneys shall accrue interest from day to day at a rate equal to 10% per annum on such moneys after 7 days from the date of invoice, until all moneys are paid in full. In addition to any payment or interest due to the Supplier in accordance

with this clause, the Customer shall be liable for all reasonable legal and debt collection costs incurred by the Supplier in relation to collection of any payment due by the Customer on a full indemnity basis.

4. Delivery

4.1 Delivery of the Services will be as described in the quote or invoice provided by the Supplier.

4.2 Delivery of the Services will occur at the place or premises described in the quote or tax invoice, unless otherwise agreed. If the Supplier agrees to a request from the Customer for Services to be delivered at a place other than described in the quote or tax invoice, the Customer will be responsible for, and must indemnify the Supplier against all costs, expenses and liabilities associated with that delivery.

4.3 Cancellation The Customer must notify the Supplier in writing within seven days of the proposed provision of the Services of any delay or cancellation of the Services. The Customer indemnifies and must pay the Supplier all costs, expenses and liabilities associated with change of time of delivery of Services

4.4 Cancellation fees The Customer agrees to pay the following

cancellation fees in event of cancellation of the Services:-

(a) in excess of 7 days prior to event- 25% of service fee for change of date or full cancellation or as negotiated prior to event

(b) between 7 to 2 days prior to event- 50% of service fee for change of date or full cancellation;

5. Warranties/Exclusion/Limitation of liability

In so far as is possible all warranties whether by statute or common law in relation to the supply of Services and products by the Supplier are expressly negatived and do not apply. The Supplier is not liable to the Purchaser, and the Customer releases the Supplier, from any breach of contract or duty of care.

The Customer acknowledges that the Supplier is not responsible for, and releases and discharges the Supplier from, any direct, indirect or consequential loss or expense suffered by the Customer or any third party, howsoever caused from the supply of any services and use of

the Services and products including breach of statutory or common law warranties and negligence. If any dispute arises, as a result of the use of the Services or services, the Customer will exclude the Supplier from any dispute or claim, action or court proceeding. Further, the Customer agrees to indemnify the Supplier from and against all liability and losses (including costs on a full indemnity basis) which may be incurred by the Supplier as a result of any such dispute, action or court proceedings including any claim made by a third party.

The Customer acknowledges and agrees the delivery of the Services may rely upon other suppliers and telecommunication networks not under the direct control of the Supplier. This may include:-

• the network or facilities at the place\venue of delivery of the Services

• the internet service provider used in delivering the

Services;

• the platform to which the product is streamed;

• any other relevant network of communication service

provider.

The Customer releases and discharges the Supplier from, any direct, indirect or consequential loss or expense suffered by the Customer or any third party, howsoever caused from the supply of any services and use of third party service providers for the delivery of the Services.

To the extent permitted by law, the absolute limit of the Supplier liability under any condition or warranty that cannot be legally excluded is limited to the replacement or repair or re-supply of equivalent products or services.

Except as provided for in these Conditions or Quotation, to the maximum extent permitted by law, all warranties, conditions, representations and guarantees (whether express or implied) in respect of the provision of the Services by the Supplier are excluded.

The Customer agrees that it has satisfied itself as to the suitability of the Services for the Purchaser’s intended use. The Supplier makes no representation or warranty as to the suitability of the Services for the Purchaser’s intended use.

6. Force Majeure

"Event of Force Majeure" means an event beyond the control of the Supplier and the Customer, which prevents a party from complying with any of its obligations under these terms and conditions, including but not limited to:

(i) act of God (such as, but not limited to, fires, storms, explosions, earthquakes, drought, tidal waves and floods); or

(ii) war, hostilities (whether war be declared or not), invasion, act of foreign enemies, mobilisation, requisition, or embargo, acts or threats of terrorism;

(iii) riot, commotion, strikes, go slows, lock outs or disorder, unless solely restricted to employees of the Supplier or of his subcontractors;

(iv) declared pandemic or other medical or health directive which prevents the provision of the Services;

(v) 3rd party travel (eg airline or other transport) cancellations or delays due to (but not limited to) weather, employee strikes or accident or commotion.

Neither the Supplier nor the Customer shall be considered in breach of these terms and conditions to the extent that performance of their respective obligations (excluding payment obligations) is prevented by an Event of Force Majeure that arises.

7. Content Ownership

Unless agreed in writing otherwise, all copyright and intellectual property in any raw footage, design or working files produce by the Supplier as part Services remains the property of the Customer.

If any dispute arises, from the use or ownership of any intellectual property or copyright produced by the Services, the Customer will exclude the Supplier from any dispute or claim, action or court proceeding. Further, the Customer agrees to indemnify the Supplier from and against all liability and losses (including costs on a full

indemnity basis) which may be incurred by the Supplier as a result of any such dispute, action or court proceedings including any claim made by a third party. The Supplier reserves the right to use appropriate short video clips for The Supplier’s portfolio reel.

All recorded material will be stored by the Supplier for a maximum 6month period

8. Privacy

The Supplier may collect, use and disclose Personal Information about the Customer for the primary purpose of providing the Services to the Customer including but not limited to determining whether to accept an Account Application of the Purchaser, start, stop or limit the

supply of the Services to the Purchaser, billing and account

management.

The Supplier may receive and disclose Personal Information or documents about the Customer to or from credit providers or credit reporting agencies for the purposes permitted under the Privacy Act, law enforcement agencies to assist them in prevention of criminal activity or as provided for in any Account Application.

9. Governing Law

The parties agree to submit exclusively to the jurisdiction of the courts of New South Wales.