terms and conditions

Welcome to ELEV8 Production Studio. Below is a comprehensive breakdown of our terms and conditions of service, Covid 19 Policy and safety plan as well as our privacy and personal data policy. Please note: Payment is taken as acceptance of these terms and conditions. 

1.0 Booking Confirmation

1.1 A booking is considered confirmed when ELEV8 “Booking Confirmation” is sent by ELEV8 Production Studio. NOTE: Dates can not be reserved without payment.
1.2 Invoices will be issued once a technical brief has been completed. Payment is required in full to secure a single day booking. Quotes are valid for 7 days.
1.3 Production partners are required to provide a 50% deposit to secure dates with the remaining balance due before the commencement of the first day session.
1.4 ELEV8 will retain all files and content from the session until the balance has been settled.

2.0 Cancellations or Postponement

2.1 Cancellations or postponement providing more than 14 days notice attracts a 25% fee. Credit will be provided on the balance redeemable within 90 days from the date of the invoice.
2.2 A 50% cancellation or postponement fee applies from 14 days up to 48 hours prior to cancellation/postponement of your scheduled session.
2.3 A 100% fee applies if a session is cancelled/postponed within 48 hours of the booking.

3.0 cleaning and damages

3.1 ELEV8 retains the right to charge a cleaning and damage fees in the event that there is any damage to the equipment, infrastructure or facilty. Including mistreatment of equipment and accidental damage.
3.2 This charge also pertains to smoking of any kind, as this is prohibited.

7.0 Post-Production & delivery

7.1 Once post production is complete and payment has been received in full, a copy will be delivered as a digital file to the provided client email address within 14 days, unless otherwise agreed in writting.
7.2 If delivered by post or courier, the client is responsible for these charges.
7.3 Delivery services such as, Australia Post and couriers are subject to additional delivery times.
7.4 Audio only product delivery is 3-5 business days.
7.5 Visual products delivery is 14 business days.
7.6 Express Turnaround products include digital delivery of the initial edit with a single round of revisions within 3-5 business days. Subject to approved brief.
7.7 Priority Bookings are granted 24/7 availability for post-production work. Initial edit is digitally delivered within 24 hours. Additional revisions are digitally delivered within 24 hours upon receiving revision notes from the client. Subject to approved brief.

4.0 Goods and service tax

4.1 All prices quoted are exclusive of Goods and Services Tax unless otherwise stated.
4.2 Prices are subject to addition of Goods and Services Tax and any other tax or charge imposed by any Government.
4.3 All such taxes are payable by the Client and will be added to the invoice by ELEV8 Production Studio.

5.0 payment terms

5.1 Unless prior credit arrangements have been approved in writing, payment is required in full to secure your session date.
5.2 All materials, USB, SDXC, SSHD, and computer files/drives created at ELEV8 remain the property of ELEV8 until payment is received in full.
5.3 The Client will be liable for any fees, costs and expenses incurred by ELEV8 for any debt collection process.
5.4 Where credit terms have been agreed, payment is strictly 7 days from the date of invoice.
5.5 If an invoice is not paid within 7 days of receipt of invoice, ELEV8 may charge the Client interest on any unpaid amount.

6.0 refund policy

6.1 Unless there is a technical fault with the recordings or an error occured that was within our reasonable control, ELEV8 does not offer refunds.
6.2 Outsourced services are subject to availability as at the time of booking. Service interruptions or out of stock supply may result in a substitute product. Refunds will not issued.

8.0 general terms of use

8.1 Raw Media: Refers to Audio & VIDEO (WAV, MP3) or Video (.MOV, .MP4) media that has been exported directly from the session and does not include any editing or processing.
8.2 Release Ready: Files delivered that have undergone Basic Editing will meet industry standards Files. Third party media assets such as stock music, sponsorship spots, intros/ outros, and bumpers are not included.
8.3 Basic Editing: This Involves the removal of obvious mistakes and/or errors, editing marked retakes, and trimming of start and end points.
8.5 Creative Editing (Audio & Video): Refers to all post production editing for both audio and video media beyond basic editing requirements. Edits are performed as per approved client creative brief.
8.6 Media Storage: ELEV8 will take every precaution to maintain a backup for 3 months from the date of recording. Note that retrevial of these backups will attract additional fees.

8.0.1 general terms of use (LIVE STREAMING)

8.0.2 Livestreaming: Includes audio & video streaming using built in streaming device. ELEV8 will make every effort to ensure an uninterrupted stream however can not take on liability for disruptions beyond our reasonable control.
8.0.2 Live Switching – Includes live editing of audio & video switching. Additional charges apply for a copy of raw  Professional Camcorder Footage, Media Transfer & Storage Devices.
8.03 Revisions: Refers to any amendments to a product that has undergone post-production. These are subject to the creative brief and are considered as minor adjustments. Significant changes from initial brief are not accepted as revisions and will be billed at an hourly post-production rate.

9.0 workplace health and safety

9.1 Clients and their representatives located on ELEV8 premises must comply with ELEV8 Employee Handbook.
9.2 ELEV8 reserves its rights to refuse use of any Client or Client representative’s equipment (including software) if, in ELEV8 Production Studio opinion, such equipment exposes ELEV8 property to risk of loss or damage, is unsafe.

10.0.0 indemnity terms

10.0.1 The Client indemnifies ELEV8 and its employees against all and any losses, damages or claims by third parties howsoever arising in respect of any loss or damage to any property. Including but not limited to USB, SDXC, disks and media, corruption of data or computer systems and software. Breaches of intellectual property rights, personal injury or death, breach of contract or breach of law caused by an act or omission of the Client or its representatives is also covered.

10.1.0 damages terms

10.1.1 The Client is liable for all and any losses, damages or claims in respect to any of ELEV8 property including breachs of ELEV8 intellectual property rights, personal injury, breach of contract or breach of law caused by an act or omission of the Client or its representatives.
10.1.2 To the extent permitted by law, ELEV8 is not liable for any losses, damages or claims arising out of or in connection with this contract.

10.2.0 losses terms

10.2.1 Whilst every effort is made to ensure reasonable security, ELEV8 accepts no liability for loss, theft or damage to Client property or recording/backup media. All care but no responsibility will be taken during the process of transfer. ELEV8 equipment and specifications are subject to change without notice.

11.0 privacy and personal data policy

ELEV8 Production Studio Pty Ltd (“ELEV8”, “our”, “we” or “us”) takes its responsibilities under Privacy and Personal Information Protection Act 1998 No 133 seriously.
We also recognize the importance of the personal data you have entrusted to us and believe that it is our responsibility to properly manage, protect and process your personal data, and we are committed to protect the privacy of your personal data.
Please read this policy to understand what personal data is collected or processed by us, and for what purposes it is used for. To read our full privacy and personal data policy click here; https://elev8studio.com.au/privacy_policy/

12.0 copyright policy - (australia)

12.1 The Australian Copyright Act allows certain uses of content on the internet without the copyright owner’s permission. ELEV8 forfeights all liability with respect to copyright and encourages clients obtain independant advice prior to the use of any 3rd party content.
12.2 The publishing of content owned by an artist or record label may require independant release agreements to be entered into prior to distribution.

13.0 AUDIO Licensing TERMS (AUSTRALIA ONLY)


13.1 APRA AMCOS (Australian Prudential Regulation Authority) ELEV8 forfeights all liabilty with respect to licensing and encourages clients to contact APRA AMCOS directly.
APRA AMCOS is an Austalian music rights organisation representing songwriters, composers and music publishers. APRA AMCOS license organisations to play, perform, copy, record or make available artists music, and distribute the royalties to artists. For more information head to https://apraamcos.com.au/
Note: copyright and licensing are not the same thing, you may have a licese to distribute content but not have the right to distribute copyrighted content without having sought approval from the artist or record label directly.
covid 19 safety plan & policy
covid 19 safety plan
WE IMPLEMENTED A COVID-19 SAFETY PLAN. OUR PLAN IS COMPREHENSIVe AND INCLUDES A MANDATORY CHECKLISTS BEING PASSED PRIOR TO COMMENCEMENT OF ANY WORKS. OUR PLAN HAS BEEN DESIGNED BY NSW HEALTH AND ARE APPROVED BY THE CHIEF HEALTH OFFICER
Visitors are not permitted to enter / attend any ELEV8 sessions if any of the following applies.
temperature checks

Consent to having your temperature checked is a condition of service. Anyone who displays a temperature reading above 37′ will be instructed to return a negative covid test prior to entry.

1  Anyone who displays a temperature reading above 37′ will be instructed to return a negative covid test prior to entry.

4 If you or anyone in your household are awaiting the results of a test for COVID-19

2 If you are experiencing any flu-like symptoms (sore throat, runny nose, persistent cough, shortness of breath, fever).

 

5 If you reside with anyone who is awaiting the results of a test for COVID-19

3 If you have been in contact with a person who has tested positive for COVID-19 or considered a casual or close contact.

6 If you have returned from international or interstate (where relevant) travel.

Visitors who are not subject to any of the above / below conditions for exclusion must be willing and able to agree to the following requirements to remain on location:

Leave the site immediately if they become unwell, after notifying ELEV8 staff member.

maintain good personal hand hygiene by washing their hands regularly and thoroughly and/or using hand sanitiser

maintain good respiratory hygiene by coughing or sneezing into their elbow or a tissue, and then disposing of tissues immediately

provide ELEV8 with their name and contact details and consent to ELEV8 providing their name and contact details to the NSW Department of Health or any other third-party government department, as required to enable contact tracing procedures

Acknowledge that they may be asked to wait, or be refused entry, to any ELEV8 location in the event that the site has reached its total capacity under NSW Health social distancing requirements.

Respond accurately to the following questions if asked by ELEV8 staff.

Do you have any flu-like symptoms (sore throat, runny nose, persistent cough, shortness of breath, fever)?

Acknowledge the right of ELEV8 to refuse entry or request their departure from ELEV8 location at any time and for any reason.

Maintain social distancing measures (as per the NSW Health guidelines) with respect to other visitors and staff

Privacy and Personal Data Policy

Please read this policy to understand what personal data is collected or processed by us, and for what purposes it is used for.

Privacy & Personal Data Policy

ELEV8 Production Studio Pty Ltd (“ELEV8”, “our”, “we” or “us”) takes its responsibilities under Privacy and Personal Information Protection Act 1998 No 133 seriously.

We also recognize the importance of the personal data you have entrusted to us and believe that it is our responsibility to properly manage, protect and process your personal data, and we are committed to protect the privacy of your personal data.

Please read this policy to understand what personal data is collected or processed by us, and for what purposes it is used for.

1. Definition of Data Protection Terms​

Data is recorded information whether stored electronically, on a computer, or in certain paper-based filing systems.
Data processors include any person who processes personal data on behalf of a data controller. Employees of data controllers are excluded from this definition but it could include suppliers which handle personal data on behalf of ELEV8.
Personal data means any data relating to a living individual who can be identified from that data. Personal data can be factual (such as a name, address or date of birth) or it can be an opinion (such as a performance appraisal). It can even include a simple e-mail address. It is important that the information has the data subject as its focus and affects the individual’s privacy in some way.
Processing is any activity that involves use of data. It includes obtaining, recording or holding the data, or carrying out any operation or set of operations on the data including organisation, amending, retrieving, using, disclosing, erasing or destroying it. Processing also includes transferring personal data to third parties.

2. What personal data does ELEV8 collect?​

We collect personal data about you when you use our website and/or IT portal and/or mobile application and/or other channels and throughout other interactions, communications and services you have with us. We will collect your personal data in accordance with the Privacy and Personal Information Protection Act 1998 No 133.
Personal data which we may collect include but are not limited to:
1. your personal information such as your name, date of birth, marital status, gender;
2. your contact information such as postal addresses, email addresses, telephone, mobile phone and fax numbers;
3. your past and present employment information such as organisation name, organisation type, industry sector, job function and responsibilities, designation, business telephone and fax numbers, business email addresses;
4. your billing and payment information, including name of the credit/debit cardholder, credit/debit card number, security code and expiry date;
5. information on how you use our products and services (such as the type, date, time, location, comments and messages, how much you spend;
6. internet protocol (“IP”) address used to connect your computer or device to the Internet, connection information such as browser type and version, your operating system and platform, a unique reference number linked to the data you enter on our system, login details, the full URL clickstream to, through and from the website and/or IT portal and/or mobile application (including date and time), cookie identifier, your activity on our website and/or IT portal and/or mobile application, including the pages you visited, the searches you made and, if relevant, the services you purchase; and
7. lifestyle information and any other information collected in relation to your use of our products and services.
We may receive information about you from third parties if you use any websites or social media platforms operated by third parties (e.g. Facebook, Instagram, Twitter etc.) and, if such functionality is available, you have chosen to link your profile on our website and/or IT portal and/or mobile application with your profile on those other websites or social media platforms.

3. How does ELEV8 use your personal data?​

The personal data that we collect from you may be used by us for a number of purposes connected with our business such as:
1. Processing and evidencing your orders or applications;
2. Carrying out credit checking and scoring (unless we have agreed otherwise);
3. Providing you with products and/or services you have requested or administering your account;
4. Billing you (unless you pay by another agreed method) and collecting any debt owed to us by you;
5. Settling accounts with those who provide related services to us;
6. Dealing with your requests, enquiries or complaints and other customer care related activities;
7. Carrying out market and product analysis, improvements to our products and services and marketing our and our group companies’ products and services generally;
8. Contacting you about our and our group companies’ products and services (unless you ask us in writing not to). Where such contact is via electronic means, our terms and conditions record our agreement with you that the electronic marketing messages don’t need to include an unsubscribe facility;
9. Carrying out any activity in connection with a legal, governmental or regulatory requirement on us or in connection with legal proceedings, crime or fraud prevention, detection or prosecution;
10. Carrying out activities connected with the running of our business such as personnel training, quality control, network monitoring, testing and maintenance of computer and other systems and in connection with the transfer of any part of our business in respect of which you are a customer or a potential customer;
11. Providing aggregated user information to third parties (without at any time disclosing personal information about an identifiable individual;
12. Generally customising your experience on our sites;
13. For general administrative and business purposes.
(collectively, the “Purposes”)
In order to conduct our business operations more smoothly, we may also be disclosing the personal data you provide to us to our third party service providers, agents and/or affiliates or related corporations, and/or other third parties, who may be situated in or outside of Australia, for one or more of the above-stated Purposes.

4. Sharing your personal data​

There may be times when we need to disclose your personal information to third parties. If we do this, we will only disclose your information to:
1. Our group entities who may use and disclose your information for the same purposes as us;
2. Those who provide to us or our group entities products or services that support the services that we provide, such as our freelancers, suppliers & customers;
3. Credit reference agencies (unless we have agreed otherwise), who may share your information with other organisations and who may keep a record of the searches we make against your name;
4. Anyone we transfer our business to in respect of which you are a customer or a potential customer;
5. Anyone who assists us in protecting the operation of the ELEV8 Production Studio Pty Ltd networks and systems, including the use of monitoring and detection in order to identify potential threats, such as hacking and virus dissemination and other security vulnerabilities;
6. Anyone who hosts or maintains data centres, service platforms and other infrastructure and systems on behalf of us and our group entities, where your information is processed;
7. Persons to whom we may be required to pass your information by reason of legal, governmental or regulatory authority including law enforcement agencies and emergency services;
8. Aggregated user statistics and other information that does not personally identify you, to third parties such as our advertisers, customers, potential customers and partners;
9. Any person or organization as authorised by the Privacy and Personal Information Protection Act 1998 No 133
10. including with your prior authorisation which we will usually obtain at the time of collecting the information from you.
11. If you would like to opt-out of receiving ELEV8 Production Studio Pty Ltd marketing materials, please contact info@elev8studio.com.au.

7. Personal Data breach reporting

We will notify you if we determine that personally identifiable information about you held by us has been subject to unauthorised accessor disclosure, such as an information security breach. Where required to do so, we will provide your information to relevant authorities as part of any mandatory data or privacy breach reporting regime.
We will make any legally required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored “personal data” (as defined in applicable state statutes on security breach notification) to you via email or conspicuous posting on this Site in the most expedient time possible and without unreasonable delay, insofar as consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.

8. Access and updating your personal data

You have the right to access personal data we hold about you if we hold that personal data in a way that it can be readily retrieved, subject to some exceptions provided at law.
You may request access to the personal data we hold about you by sending an email to info@elev8studio.com.au. Please quote your name and email address. We would be grateful if you could also provide brief details of what information you want a copy (this helps us to more readily locate your data).
In some cases, there may be a charge associated with providing copies of your personal data to you. If so, we will advise you of this prior to sending your personal data to you. Additional rights may also apply under applicable laws.
We will not be able to provide you personal data if we do not know or don’t have reasonable grounds to believe it is personal data about you or if disclosing the personal data would involve the unwarranted disclosure of the affairs of another individual.
You can request correction or amendment of the information held by us at any time and as often as necessary by sending us an e-mail to contacting us and specifying the information that you require changed. If it is reasonable in the circumstances for us to do so, we will make the requested change or correction, otherwise we’ll take reasonable steps to mark that information as having been subject to a change or correction request.
For further information about the Privacy & Personal Data Policy Act 1998 No 133 and how it protects the personal information of individuals in Australia, see https://www.legislation.nsw.gov.au/#/view/act/1998/133
Some of our services are password-protected so that only you have access to your personal information. You should not reveal your password to other people and you should change it regularly. ELEV8 Production Studio Pty Ltd will never ask you for your password in an unsolicited phone call or in an unsolicited e-mail. Also, if you are using the internet, remember to sign out of your ELEV8 Production Studio Pty Ltd account and close your browser window when you have finished. This is to ensure that others cannot access your personal information and correspondence if you share a computer with someone else or are using a computer in a public place.

Our privacy and personal data policy covers the following topics


1. Definition of Privacy & Personal Data Policy Terms
2. What personal data does ELEV8 collect?
3. How does ELEV8 use your personal data?
4. Sharing your personal data
5. Using products or services
6. Protecting your personal data
7. Personal Data breach reporting
8. Accessing your personal data
9. Cross-border transfer of personal information
10. Cookies and other tracking technologies
11. Changes to our Privacy & Personal Data Policy

This Privacy & Personal Data Policy is provided for your information and doesn’t limit or exclude your rights under the Privacy and Personal Information Protection Act 1998 No 133.

5. Using products or services outside of Australia

When using our products or services abroad, your personal data may be transferred outside Australia to that country. Our websites and systems and those of our group entities are based on servers often located outside of Australia. Please note that the Privacy & Personal Data Policy and other laws of countries outside Australia may differ.

6. protecting your personal data

We will take reasonable steps to ensure that the personal data we collect, use or disclose is accurate, complete, up-to-date and stored in a secure environment protected from unauthorised access, modification or disclosure.

9. Cross-border transfer of personal data

Your personal data may be transferred to other countries for processing, support, storage and other necessary activities and by using our Services. You consent to the transfer of information to countries outside of your country of residence, which may have different Privacy & Personal Data Policy rules than in your country. If we transfer your information outside of Australia in this way, we will take steps to ensure that your privacy continues to be protected in a manner which is consistent with Australia privacy law.

10. Cookies and other tracking technologies

We may use cookies and other interactive techniques tracking technologies (which are small data files transferred to your device for tracking a record-keeping purposes) such as web beacons in connection with your use of our website to collect non-personal data about how you interact with our website, and web-related products and services, to:
1. Understand what you like and use about our website;
2. Understand what you do not like and do not use on our website;
3. Provide a more enjoyable, customised service and experience,
4. Enable you to use certain services on our website; and
5. Help us develop and deliver better products and services tailored to our customers’ interests and needs.
We also collect IP addresses. IP addresses are assigned to computers on the internet to uniquely identify them within the global network. We collect and manage IP addresses as part of the service of providing internet session management and for security purposes.
We may use a persistent cookie to record details such as a unique user identity and general registration details on your PC. This helps us recognise you on subsequent visits to this website so that you don’t have to re-enter your registration details each time you visit us and allows us to carry out the activities mentioned above.
It may be possible to disable cookies through your device or browser settings. The method for disabling cookies may vary by device and browser, but can usually be found in preferences or security settings.

11. Changes to our Data Protection Policy

We reserve the right to change this Data Protection Policy from time to time and we will tell you about a change in the policy by posting an updated policy on our website. By continuing to access or use our website after those changes become effective, you agree to be bound by the revised privacy policy. Any change we make applies from the date we post it on the website.
If you have any questions or comments about this Privacy Policy, please contact us at info@elev8studio.com.au

Production Made Easy

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