Terms of Trade
1. APPLICABILITY AND ACCEPTANCE OF THESE TERMS
2. PRICES, CHARGES AND PAYMENT
3. DELIVERY. 19/08/2025
4. RISK AND TITLE 19/08/2025
5. Ownership – Image Use & Licencing 19/08/2025
6. ADVERTISING SERVICES
7. RETURN OF PRODUCTS AND CANCELLATIONS 19/08/2025
7. RETURN OF PRODUCTS AND CANCELLATIONS 19/08/2025
8. UNANTICIPATED EVENTS
9. COSTS
10. PRIVACY
11. GST – Goods and Services Tax
12. TERMINATION FOR BREACH
13. DISCLAIMER OF LIABILITY AND WARRANTIES
14. ASSIGNMENT
15. GOVERNING LAW
16. AI POLICY 24/08/2025
Terms and Conditions of Trade; By engaging with us either by email, phone, in person, or on social media, text messaging or by making any payment it constitutes acceptance of these terms of service.
1. APPLICABILITY AND ACCEPTANCE OF THESE TERMS
1.1 These Terms of Trade (“Terms”) apply to each order that Orlando Sydney Corporate Photography of 78/156 Chalmers Street, Surry Hills, NSW 2010 (“Orlando Sydney”, “we” or “us”) accepts from a customer (“you” “your”) for the supply of products or services. For the purposes of these Terms, “products” are digital and print products and “services” refer to publications or services delivered in any medium, including those services to which the additional terms apply.
1.2 Your acceptance of products and services from us means that you accept these Terms. No variation by you of these Terms will be valid unless agreed by us in writing and signed by each party’s authorised representative.
1.3 We may update these Terms from time to time to reflect changes in law, business practice, or the introduction of new products or services. Any updates will not affect existing confirmed bookings. The Terms that apply to your booking are those in place at the time you confirm your booking confirmation). Updated Terms will only apply to future bookings made after the changes take effect or by agreement. 19/08/2025
1.4 For the purposes of these Terms:
(a) a reference to “writing” includes any method of representing words, figures or symbols in a permanent and visible form including online or in an electronic communication;
(b) a reference to “online” or to an “electronic communication” includes a communication of information in the form of data, text or images by means of guided and/or unguided electromagnetic energy, including by means of the Internet.
2. PRICES, CHARGES AND PAYMENT
2.1 You agree to pay the full amount specified on any invoice rendered or on an email that you have indicated to go ahead and confirmed the booking for products and services for any, pre production, production, or post production work within 7 days of the date of the email or invoice (unless we agree otherwise in writing).
2.1.1 If you fail to pay all monies due you will have invalidated your image use rights and must remove and delete all content until such time as full payments have been made. Each copyright violation carries a fee of $3600 ex gst per image per occurrence or as permitted by law.
2.1.2 If payment is not made by the due date an overdue fee of the following will apply after 30 days; 10% of the total value of the invoice per month in arrears (original due date on the invoice), whichever is greater will be added to the total amount of the invoice.
2.2 Where we make individual deliveries of products or deliveries in instalments, you may be invoiced separately for each delivery in which case, you agree to pay each invoice according to its terms.
2.3 If you subscribe to an online service that permits you to purchase access to additional services on a transactional basis, you will be charged per transaction.
2.4 If you purchase a product through us that is published by another company, you will be required to pay our cost of the importation of the product and we may charge a fee for delivering the product to you. The importation cost will be included in the product price on the invoice for the products. The fee may be listed separately on the invoice or included in the product price.
2.5 If we have to convert the price or the charge for the cost of importation from another currency, you agree that we have absolute discretion in relation to the exchange rate used to make the conversion.
2.6 Payment Processing Fees – Payments can be made by PayPal, Stripe, bank transfer (EFT), or via credit card, these may incur a processing fee charged by the payment provider. These fees are set by the provider and passed on at cost, we do not add any margin or profit in line with Australian consumer law. The applicable fee (if any) will be disclosed at the time of payment so you know the exact amount in advance. 19/08/2025
2.7 We may make available or send documents and information to you, including invoices, by means of an electronic communication. You acknowledge that we are not liable in respect of:
(a) any error, omission or loss of confidentiality arising from an electronic communication;
(b) any unauthorised copying, recording or interference with a document;
(c) any delay or non delivery of a document; or
(d) any damage caused to your system or files by such electronic transmission (including by any computer virus).
3. DELIVERY. 19/08/2025
3.1 You accept that dates we give you for delivery are our best estimate, are given in good faith and may be subject to change without notice.
3.2 We will deliver products ordered to the address supplied on your order form or to an alternate address that we agree in writing.
3.3 You agree that delivery will be complete when the products are sent to your nominated address. Delivery by us to a carrier will be deemed to be delivery to you.
3.4 You agree that photography is a creative process and as such our products and services will be delivered in our creative type, style, form, quantities and processing choices. Re processing or additional services will incur extra billable hours starting at $280 ex gst per hour.
3.5 You acknowledge at the time of go ahead you have sought and were granted all permissions required from every member of your group to meet these terms of trade including the privacy policy.
3.6 When we arrive at the location, any other photographers or videographers must vacate the event or venue. This excludes inhouse AV staff as we don’t provide that service. When we are hired you have agreed we have exclusivity, this will stop the confusion for guests, other vendors and stop others getting in the way of performing our duties. In the event that someone breaks this stipulation, we will pause our coverage and raise this with you. Our coverage will resume when the issue has been resolved. You agree this is fair and reasonable and will not make any deduction claims.
3.7 Subcontractors and Third-Party Services
You acknowledge that Orlando Sydney Corporate Photography may, at its sole discretion, use a team of trusted independent contractors, including but not limited to editors, graphic artists, and other creative professionals, to assist in the delivery of the services.
You agree and acknowledge that:
Orlando Sydney Corporate Photography remains the sole point of contact for all services provided.
We are responsible for the work of our subcontractors and warrant that all services, regardless of who performs them, will meet our professional standards.
The use of subcontractors does not affect our obligations to you under these Terms and Conditions.
In addition, you acknowledge that we use various third-party services and platforms, such as Google Workspace for communication and Xero for invoicing, to operate our business. Your data and information may be used across these platforms as necessary for the performance of our services.
4. RISK AND TITLE 19/08/2025
4.1 The risk in any services or products that you order from us will pass to you on delivery irrespective of when payment is completed.
4.2 You agree that all services or products remain our property until you have paid for them in full. Until then, you acknowledge that we remain the equitable and legal owner and that you are in possession of those products only as our bailee until you have completed payment. For the avoidance of doubt, your entitlement in relation to any service is limited to a licence only for that period and ownership remains with Orlando Sydney Corporate Photography or its licensees until payment in full is made.
4.3 You are liable to pay in full the price of any services or products delivered to you. If you fail to pay for products by the due date for payment, we will be entitled, upon reasonable notice, to retake possession of the products, resell them and keep the proceeds of the sale. Any shortfall remaining in the amount owing after resale will remain a debt owed by you.
4.4 To the fullest extent permitted by law, our liability for any claim relating to the services provided shall be limited to the amount paid by you under the relevant invoice. We are not liable for consequential loss, loss of opportunity, or indirect damages.
5. Ownership, Image Use & Licencing 19/08/2025
In Plain English
You get very broad rights to use the images and video in the ways you’d normally expect. The only limits are resale, stock libraries, or third parties outside your event or business. If you ever need broader rights, we have options to make that work.
Some clients want us to share selected highlights to extend their brand visibility or highlight them or their event as a case study. If this is of interest, and subject to us agreeing, we will the scope the options for when we have the resources.
5.1 Ownership
By default, Orlando Sydney Corporate Photography retains copyright of all photographs, video, and digital assets we create. This is standard practice across the creative industry in Australia and ensures the work is protected.
5.2 Licence Granted
Once your invoice is fully paid, you receive a broad, ongoing licence to use the content for your business, organisation, or event. This covers websites, reports, marketing, press releases, and social media. We do not sell or pass your content to other entities without your approval.
5.3 Event Bookings
For general and corporate events, this licence also extends to your event sponsors and your guests where the use is related to the event (such as sharing on social media, post-event reporting, or promotional coverage).
5.4 Commercial & Non-Event Bookings
For commercial or campaign-style shoots (such as advertising, construction, or product photography), images are licensed individually or in agreed collections. This ensures clarity around usage and any associated licensing fees.
5.5 Restrictions
To keep things fair and simple:
Content may not be resold, added to stock libraries, or licensed onward without our ok.
Suppliers, vendors, venues, or unrelated third parties need permission if they wish to use the material on their own properties. The photographer’s moral rights (and artistic integrity) always remain in place as is the expected norm in Australia.
5.6 Assignment Option
If you require full ownership and copyright assignment (instead of a licence) we generally find this level of assignment is not necessary for most corporate, private, or government clients, but can be arranged where essential.
WEBSITE USE
5.7 All images and assets appearing on Orlando Sydney Corporate Photography web site, unless noted otherwise, are the property of Orlando Sydney Corporate Photography and are protected under the Australian and International Copyright laws. The images may not be reproduced, copied, transmitted or manipulated without the written permission of Orlando Sydney Corporate Photography. These copyright laws impose substantial penalties for infringement, and violators will be prosecuted to the full extent of the law.
The use of any images or other materials included herein, in whole or in part, for any purpose other than the private purpose of viewing them online, including, but not limited to, copying, reproduction, publication (including on Internet Web Site including third party web pages by any means, including “hotlinking”, storage in a retrieval system (other than internet browser), manipulation (digital or otherwise), or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, is expressly prohibited without the written permission of Orlando Sydney Corporate Photography. All artistic and moral rights of the author are hereby asserted.
We welcome all inquiries regarding usage of our work but first you must seek permission from Orlando Sydney Corporate Photography.
5.8 Music Licensing for Video Content 6/10/2025
Where the commissioned services include the creation of video content with music, the following terms apply:
(a) Licensing: Orlando Sydney Corporate Photography will use music sourced from external, reputable third-party music licensing libraries or providers (the “Music Provider”). We warrant that, at the time of delivery, the music has been licensed for the specific use, territory, and duration as agreed upon in the project scope.
(b) Nature of Licence: The client acknowledges that music use in a video is granted under a non-exclusive licence, not an assignment of copyright or ownership. The terms and conditions of that licence are set by the Music Provider and govern the client’s ongoing use of the music.
(c) Client Responsibility & Compliance: The client is responsible for ensuring their continued use of the video complies with the Music Provider’s licence terms, including any requirements for public performance, communication, or broadcast. Please let us know your specific use case so we can make recommendations.
(d) Changes in Terms & Liability: While we exercise our best endeavours to select correctly licensed music, the client acknowledges and accepts the risk that the Music Provider or the underlying copyright holder may, at a later date and through no fault of Orlando Sydney Corporate Photography, alter their licensing terms, assert a claim, or have their rights challenged. The client agrees to indemnify and hold Orlando Sydney Corporate Photography harmless from and against any and all claims, demands, losses, damages, costs, or expenses (including legal costs) arising from the client’s subsequent use of the music in the video after the date of final delivery, or from any changes in the Music Provider’s licensing terms.
(e) Alternative Music: Should a copyright claim or dispute arise that impacts the client’s use of the music, Orlando Sydney Corporate Photography may, at the client’s cost (billed at our standard hourly rate), replace the music with a suitable, correctly licensed alternative.
6. ADVERTISING SERVICES
6.1 If you purchase advertising space or promotions in one of our products or services, we will send you a confirmation order setting out the applicable costs, the size of the advertisement and the edition(s) in which your advertisement will be published. We will process your order once you have accepted the terms set out in the confirmation order, including these Terms.
6.2 Unless you have requested us to design the artwork for your advertisement, you will be required to provide the draft artwork by the dates specified by us.
6.3 Once we receive your draft artwork, we will format it for publication and send you the final proof for your written approval by the specified reasonable deadline.
6.4 If you fail to provide the artwork timeously or to approve the final proof by the deadlines specified, we may not be able to publish your advertisement. Note that you will nevertheless be liable for the fee specified in your order.
6.5 You warrant that you are authorised to provide us with the artwork or any other content for publication in the product or service and that such material will not infringe any third party intellectual property rights, will not be in breach of any applicable laws or regulations and will not be obscene or defamatory.
7. RETURN OF PRODUCTS AND CANCELLATIONS 19/08/2025
7.1 Date Retainer Fees
When bookings are confirmed you agreed that the retainer fee is payable. This fee is non-refundable as it secures our time and resources and covers administrative costs.
7.2 Cancellations by You
If you cancel a confirmed booking, the retainer fee is forfeited.
Cancellations made with less than 30 business days notice will result in the forfeiture of the retainer fee and the total invoice amount. This is to compensate us for lost business opportunities and work already performed.
7.3 Non-Refundable Services
As our products are creative services and digital assets, all payments are for work performed and intellectual property licensing.
Once digital assets (images or video files) have been delivered to you, the services are considered complete. No refunds or credits will be provided for delivered digital assets. This includes situations where you change your mind or no longer require the assets.
7.4 Physical Products (e.g., prints)
We will replace physical products that are damaged in transit or defective in workmanship. Please notify us within 7 days of receipt with photographic evidence of the damage.
7.5 Cancellations by Us
In the unlikely event that we must cancel a booking due to unforeseen circumstances, all payments received from you will be refunded in full. We are not liable for any other costs you may have incurred as a result of the cancellation.
8. UNANTICIPATED EVENTS
We may cancel or suspend delivery of any ordered service or product in the event of any delay or non-performance due directly or indirectly to wars, terrorism, strikes, lockouts, delays or defaults of manufacturers or suppliers, act of God, or any other cause beyond our reasonable control.
9. COSTS
If you default in performing your obligations under these Terms and we incur expenses in enforcing our rights under these Terms (for example and without limitation, expenses incurred by us in recovering any moneys owed by you to us), you must pay to us any reasonable costs on demand (including all legal costs on a full indemnity basis).
10. PRIVACY
10.1 In these Terms references to “Personal Information” and “the Privacy Act” have the meaning given to those terms in the Privacy Act 1988 (Cth).
10.2 You acknowledge that Personal Information collected, used and disclosed by us may be used for a variety of purposes including:
(a) to supply products and services;
(b) to monitor use of our products and services for the purposes of further development and to ensure they meet your needs and interests;
(c) to administer your account and to enforce this contract; and
(d) for marketing purposes which may include disclosure of your information to other members of Orlando Sydney Corporate Photography.
10.3 If you do not want us to use Personal Information disclosed by you to us for marketing purposes, please advise us in writing.
10.4 You expressly acknowledge and consent to:
(a) us transferring and disclosing Personal Information provided by you to us to our third party service providers located outside of Australia (including, but not limited to, the United States) to the extent required in providing access to, maintaining and servicing our products and services as part of our information technology arrangements; and
(b) such third party service providers storing and processing such Personal Information provided by you on servers outside of Australia (including, but not limited to, servers located in the United States).
10.5 If you provide us with Personal Information about another individual, you will ensure that that individual is aware:
(a) that you have supplied their Personal Information to us and the reason; and
(b) of the details in this 10 which apply to information we collect about them.
10.6 You are responsible for ensuring that if a third party is required to disclose Personal Information to us for the purposes of these Terms on your behalf or at your request, such disclosure by the third party complies with the Privacy Act.
10.7 A copy of our Privacy Policy can be viewed at https://orlandosydney.com/privacy-policy/. It tells you more about the types of organisations and purposes to which we usually disclose Personal Information.
10.8 If you fail to provide any information requested by us, we may be unable to supply the products and services that you order or request.
10.9 If you apply to us for credit terms we may give certain information about you including identity particulars to a credit reporting agency and we will tell you separately about other uses and disclosures of your Personal Information relevant to your application for, or our provision of, credit.
10.10 If we are required to retain any Personal Information by law:
(a) you warrant that you have taken all steps to ensure that we are permitted to do so; and
(b) on reasonable notice, and the payment of a reasonable charge, we will make such information available for inspection by you and your auditors.
11. GST – Goods and Services Tax
11.1 In these Terms references to “GST”, “supply” and “tax invoice” have the meaning given to those terms in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) and the term ”GST” also includes any penalties or additional taxes imposed in relation to the GST payable in relation to the supply of services under these Terms.
11.2 Any amount payable by you under clause 2 is inclusive of GST or as noted on the invoice.
11.3 If the amount of GST paid or payable by us on a sale made to you differs from the amount of GST you have paid to us for the products or services sold, then the amount of GST paid by you will be adjusted either by further payment by you to us or repayment to you by us of the amount of the adjustment.
11.4 In relation to any GST paid by a party under these Terms, including any adjustment, the payee will provide the payer with a tax invoice.
12. TERMINATION FOR BREACH
Without prejudice to any other right at law, either party may terminate these Terms by giving written notice, if the other party has failed to remedy a material breach of any term of these Terms within 14 days of being given written notice of the breach (the notice to include details of the relevant breach). Where you have breached a material term we may elect, in the alternative, to cease supply of products or services to you until we are reasonably satisfied that you have remedied the breach.
13. DISCLAIMER OF LIABILITY AND WARRANTIES
13.1 If any law or regulation including but not limited to the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law, confers rights and remedies on you in relation to the provision by us of products or services ordered by you which cannot be excluded, restricted or modified (“Non-excludable Rights”), we do not exclude any Non-excludable Rights but we do exclude all other conditions and warranties implied by custom, law or statute.
13.2 Except as provided for by the Non-excludable Rights:
(a) all products and services ordered by you are provided without warranties of any kind, either express or implied;
(b) we do not warrant that those products and services will be complete or free from all errors;
(c) we do not warrant that information will continue to be available to us to enable us to keep those products and services up-to-date; and
(d) all representations are expressly excluded and you have not relied on any representations in ordering products and services from us.
13.3 Subject to clause 13.1, under no circumstances (including but not limited to any act or omission on our part) will we be liable for any loss or damages (including, without limitation, indirect, incidental, special or consequential or punitive damages and damages for loss of profits) whatsoever which result from any use, or any inability to use, our products or services.
13.4 To the fullest extent permitted by law, our liability for breach of any implied warranty or condition which cannot be excluded, but can be limited, is limited, at our option to supply of the product or service ordered by you again.
14. ASSIGNMENT
14.1 You must not assign or transfer these Terms or any right or obligation under these Terms to any third party without our prior written consent which consent shall not be unreasonably withheld; however, upon at least 60 days written notice to us, you may assign these Terms to any present or future parent, subsidiary, or affiliate, or as part of the sale of your business using the products and services provided hereunder, or pursuant to any merger, consolidation, or other reorganisation, without our consent PROVIDED THAT:
(a) the assignee is solvent and capable of performing the assignors obligations contemplated in these Terms; and
(b) where users increase you notify us so that an appropriate adjustment in pricing can be made.
14.2 We may assign these Terms or any right arising out of these Terms without written notice to you.
14.3 An assignee of either party, as authorised hereunder, shall assume all of the rights and obligations of the assigning party set forth in these Terms.
15. GOVERNING LAW
These Terms will be governed by and construed according to the law of New South Wales and the parties agree to submit to the jurisdiction of the courts and tribunals of or exercising jurisdiction in that State.
16. AI POLICY 24/08/2025
1. Purpose & Transparency
Summary
We view AI-assisted tools as creative aids, not a replacement for human-made photography or videography, much like Netflix’s approach, where GenAI supports but does not replace creative professionals. Any AI features in our workflow are local, secure, and never used to train third-party systems that we know off. If you’d prefer no AI at all, we’re happy to comply. Transparency and authenticity are our priority.
2. Human-Centric Output
All photographs and videos we deliver are captured by professional photographers and videographers. We do not generate or alter any content with AI in a way that changes the authenticity of people, events, or scenes.
3. Minimal & Local AI Use
We may use locally-executed AI features in editing software (e.g., for culling, retouching, keywording), but never in the cloud. Your images will not be processed by third-party AI systems for training purposes, that we are aware off.
4. Responsible AI Workflow – Inspired by Netflix’s Principles
We align with principles similar to Netflix’s guidelines for content production:
a. Integrity of Content
No AI-generated or synthetic elements will be added to your content unless explicitly agreed.
b. No Training or Data Storage Use
We avoid using tools that store, reuse, or train on client content.
c. Secure, Local Processing
AI tools, if used, run on our secure systems; there is no cloud-based AI processing of your assets.
d. Transparency & Approval
Any use of AI beyond editing will be disclosed and, if applicable, require your prior written consent.
5. Ethical Standards
AI is not used to replicate or manipulate talent likenesses, restricted works, or any personal data, mirroring Netflix’s precaution around preserving performance and consent.
6. Cloud Services & Provider Policy
We use trusted cloud services such as but not limited to Google Workspace, Google Drive for storage and file sharing. To the best of our knowledge, these providers do not use your files to train AI models, and we regularly monitor their policies for any changes.
7. Client Rights & Opt-Out
If requested, we will accommodate a no-AI editing preference for your project. We respect your desire for traditional, purely human workflows without AI-assisted processes.
8. Review & Adaptation
As technology and best practices evolve, so will this policy. We commit to reviewing it periodically to ensure it remains ethical, clear, and client-focused.
