TERMS AND CONDITIONS OF COMMISSIONING AND USAGE OF VIDEO PRODUCTION FROM LALA MEDIA PTY LTD TRADING AS GRAMEMORI VIDEO SERVICES

1. Definitions & General Terms

In these Terms and Conditions, the terms ‘Gramemori’ ‘we,’ ‘us,’ ‘our,’ and ‘ours’ refer to LALA Media Pty Ltd, an Australian registered limited liability company trading as Gramemori Video Services. The terms ‘client’ and ‘customer’ refer to the party commissioning and/or funding the work, as well as any person or organisation acting on their behalf.

These Terms and Conditions are applicable to all video and associated audio products produced by Gramemori, encompassing all moving and still images and sound recordings in any form.

2. Revision & Updates

Gramemori reserves the right to revise and edit these terms at any time for any reason without any notice to its customers. It is the Client’s full responsibility to read and understand these conditions before the use of this site or engagement in any of Gramemori’s services.

3. Production and Post-production

All undertaken works will adhere to Gramemori’s pricing schedule. It is the Client’s responsibility to thoroughly read and comprehend this before confirming the booking. Any modifications or additional days of editing will be subject to additional charges at Gramemori’s discretion.

The Client is responsible for coordinating access for video and sound capture for livestreaming and recording. If the Client is organising filming venues, ensuring the production crew’s clear access to all relevant locations throughout the day is the Client’s responsibility. 

Gramemori prioritises Health & Safety and reserves the right to withdraw personnel or equipment from a location deemed unsafe for any reason. In such instances, the Client is fully liable for incurred or subsequent costs. Gramemori will adhere to site safety rules and liaise with the appropriate person(s) identified prior to the shoot.

4. Approval and Amendments to Draft Footage – tribute slideshows 

Under typical circumstances, the Client will receive one ‘first cut’ edit for review and feedback of tribute slideshows. One additional revision is included within the agreed project cost (up to two revisions in total), provided that these revisions or amendments align with the original agreed-upon brief. Additional revisions or significant re-edits will incur a charge at a rate of $195 + GST.

5. Client-Induced Delays

Gramemori assumes no liability for delays or failure to deliver the agreed product caused by any element within the Client’s responsibility – for example failure to provide images to create a slideshow.

If the production of tribute slideshows is delayed or interrupted due to the Client’s failure to adhere to the agreed-upon dates, times, provision of images, information, organisation, or any other matters specified in the production brief, Gramemori reserves the right to ensure on-time delivery of the final product to funeral director without client approval. No refund or credit will be issued for these delays. 

6. Live streaming – service 

Our live streaming & recording service offers the Client the ability to watch an event live via private url, for the duration outlined in the fee schedule. For longer services, there will be an additional charge. 

7. Live streaming – limitation of liability

Use of technology and systems required for live streaming/webcasting involves risks of interruption, delay and or failure of transmission and access. Gramemori cannot guarantee fault free, continuous operation or operation at maximum quality or capacity. A recording of the event will be captured, and uploaded to the private url in the event of unforeseen technical issues. No refunds will be given in these circumstances.

8. Live streaming – delivery & storage 

Any recorded live stream will remain available for viewing online (password protected) and stored for a maximum period of 6 months, after which any recording will be deleted and no longer available. Gramemori will provide a download link during this time, and it is the Client’s responsibility to download the recording.

9. Project Duration and Delivery

Any timeframe provided by Gramemori for the duration of a design project should be viewed by the customer as an estimate. Gramemori will make every effort to meet specific deadlines, contingent upon clear communication, prompt payment, and regular feedback from the client. In all instances, our liability will be confined to the agreed total cost of the project, deducting any costs incurred by us for work already completed within the agreed production brief. Gramemori disclaims any responsibility for loss, damage, or costs arising from the late, erroneous, or non-delivery of the product.

10. Live streaming Schedule Changes

If the Client wishes to alter or cancel the livestreaming/recording date, we require a minimum of 48 hours notice. Failure to comply will render the Client 100% liable for all costs associated with the initially scheduled dates.

11. Ownership of Client supplied content.

Images or any other content supplied to Gramemori remain the property of the Client at all times.

Gramemori will not use images or any other content for any purpose other than the production of the Client’s purchased product. This content will not be shared with any third parties.

Gramemori may request from the Client the use of completed works for the purposes of marketing and promotions to demonstrate our service. We will not proceed with such use without written permission.  

12. Usage Licence – Rights to Project Content

When the Client provides material for inclusion in any project, such as logos, images, trademarks, footage, and audio, prior permission must be obtained from the original copyright holder. By accepting these terms and conditions, the Client indemnifies Gramemori against potential claims, disputes, expenses, or similar issues arising from any breaches of copyright laws or pre-existing terms and conditions related to the material.

Gramemori assigns to the Client the video produced in its delivered form only. No permission is granted for altering, editing, or using the material in another production unless expressly agreed in writing.

Upon receipt of all cleared funds in our bank account and provided the Client is not in breach of these Terms and Conditions, the Client is granted a perpetual usage licence for the delivered video material.

13. Use of Copyright music

Gramemori holds a Domestic Use Video Licence with APRA AMCOS. This licence permits Gramemori to use Copyright music in the production of slideshows and livestreams. This licence permits Gramomori to provide password protected access to slideshows and livestreams for the Client.  

Gramemori will not be held liable for any copyright claims resulting from the sharing of completed works on any platform including social media by the Client. By accepting these terms and conditions, the Client indemnifies Gramemori against potential claims.

14. Payment

Our payment terms require settlement within 14 days from the date of the invoice, and the Client acknowledges and accepts these terms upon confirming an order.

We reserve the right to charge late payment fees on overdue invoices.

We will exercise our statutory right to claim interest and compensation for debt recovery costs under the late payment legislation if payments do not adhere to agreed credit terms.

The Client is responsible for all collection or legal fees arising from late or default in payment. Gramemori retains the right to withhold delivery and any granting or continuation of usage licences for ongoing work if accounts are not current or overdue invoices remain unpaid in full. Any licence grants for our copyright material are conditional upon receiving payment in full, inclusive of outstanding additional costs, taxes, expenses, fees, charges, or costs related to administration changes.

15. Refusal of Service 

Gramemori reserves the right to refuse service to any persons or reject any material that is deemed inappropriate by the management team.

Gramemori staff and management reserve the right to refuse service or engage with customers who are displaying aggressive behaviours this may include but not limited to unreasonable demands on staff for any reason, abusive language or threats.

Upon receipt of a confirmed order or instruction to proceed by any means, the Client deems all stated Terms and Conditions in this document acceptable. This document constitutes an agreement between the Client and Gramemori under Australian law.