Terms & Conditions

Company: THE VIDEO EXPERIENCE CO PTY LTD

Trading Name: VideoRep

ABN: 99 678 550 635

Registered Office: 1/299 Elizabeth Street, Sydney NSW 2000, Australia

Contact: hello@videorep.co | support@videorep.co

Original Effective Date: 24 January 2023 (California, USA – The Global Experience Co.)

Effective Date (VideoRep): 29 May 2025

Last Updated: 2 October 2025

1. Introduction

These Terms and Conditions (“Terms”) govern the provision of video production and related services (“Services”) by THE VIDEO EXPERIENCE CO PTY LTD trading as VideoRep (“VideoRep”, “we”, “our”, “us”) to any client (“Client”, “you”, “your”). By engaging VideoRep, you agree to these Terms.

2. Definitions

Deliverables – Final video content supplied by VideoRep.

Raw Footage – Unedited video captured during production.

Project Files – Editable files (e.g., Premiere Pro, After Effects, audio sessions).

Client Materials – All content, logos, scripts, or files provided by the Client.

Presenters – VideoRep’s on-camera talent.

Portal – Service Provider Pro (SPP) or any platform used by VideoRep for project management.

3. Services

VideoRep provides professional video production, editing, scripting, animation, distribution, and related services. Services are described in proposals, statements of work, or subscription agreements.

We do not guarantee outcomes beyond the Deliverables (e.g., leads, conversions, or marketing success).

4. Client Obligations & Warranties

You represent and warrant that you have all rights, licenses, and permissions for all Client Materials you supply.

You must not provide unlawful, defamatory, infringing, or offensive material.

You indemnify VideoRep against any claims, damages, or costs arising from your breach of these obligations.

5. Confidentiality

Both parties agree to keep confidential all non-public information received in connection with the Services.

Exceptions apply where disclosure is required by law or necessary to perform the Services.

VideoRep may use project information internally for training, quality assurance, and portfolio purposes.

6. Ownership & Intellectual Property

All Deliverables, scripts, animations, edits, and templates created by VideoRep remain VideoRep’s intellectual property until full payment is received.

Upon full payment, you receive a worldwide, non-exclusive, perpetual license to use Deliverables for agreed purposes.

Raw Footage and Project Files remain the property of VideoRep and may be purchased separately (fees apply).

Contractors and presenters assign all rights to VideoRep; Clients cannot claim ownership over likeness or performance.

7. AI & Likeness Protections

Clients are strictly prohibited from using any Deliverables (video, audio, likeness, voice, or presenter image) in AI systems for training, generation, cloning, or synthetic media.

Any attempt to use Deliverables in AI constitutes a material breach and may result in immediate termination and damages.

VideoRep may use AI tools internally (e.g., OpenAI, Descript, transcription, editing, script support) but does not permit client data to be used for training external AI models.

8. Portfolio & Marketing Rights

VideoRep may showcase Deliverables in its portfolio, case studies, and marketing materials unless the Client opts out in writing before project delivery.

9. Revisions & Scope

Three (3) rounds of revisions are included unless otherwise stated.

Additional revisions or out-of-scope changes are charged at AUD $200 per hour.

10. Payment Terms

Fees are as agreed in your proposal or subscription.

Payments are due prior to delivery unless otherwise agreed.

Late payments incur interest at 2% per month (or maximum permitted by law).

Invoices for Australian Clients are inclusive of GST. International invoices are exclusive of taxes.

Bank fees and currency conversions are the responsibility of the Client.

VideoRep may suspend services for overdue accounts.

Refunds: Except as required by the Australian Consumer Law, all fees are non-refundable.

11. Cancellation & Rescheduling

Cancellation before production: deposits are non-refundable unless agreed in writing.

Cancellation after production: all payments are final.

Rescheduling is permitted, but fees remain payable.

12. Termination

Either party may terminate for material breach or insolvency.

VideoRep may immediately suspend or terminate services if you:

Fail to pay,

Breach AI or presenter protections,

Engage in abusive conduct,

Misuse Deliverables.

13. Non-Solicitation / Anti-Poaching

You must not directly engage or solicit VideoRep presenters, contractors, or staff for 12 months following a project. Breach incurs liquidated damages of AUD $10,000 or three months’ retainer fees, whichever is greater.

14. Platform / Portal Terms

You are responsible for maintaining account security in the Portal.

Passwords must not be shared.

Scraping, exporting, or unauthorised downloading of assets is prohibited.

VideoRep is not responsible for data loss caused by Client misuse.

15. Warranties & Disclaimers

Services are provided “as is.”

VideoRep disclaims any warranty regarding marketing outcomes, platform changes, or third-party performance.

Nothing in these Terms excludes consumer guarantees under the Australian Consumer Law.

Nothing in these Terms limits liability for death, personal injury, or fraud.

16. Liability & Indemnity

To the maximum extent permitted by law, VideoRep’s liability is limited to the fees paid by the Client in the 12 months prior to the claim.

You indemnify VideoRep against claims arising from your breach of these Terms or unlawful use of Deliverables.

17. Force Majeure

VideoRep is not liable for delays caused by events outside its reasonable control, including illness, pandemics, natural disasters, strikes, supply chain disruption, government restrictions, or technology outages.

18. Governing Law & Dispute Resolution

These Terms are governed by the laws of New South Wales, Australia.

Disputes must first be referred to mediation through the Resolution Institute of Australia.

The courts of Sydney, NSW have exclusive jurisdiction.

19. General Provisions

These Terms are the entire agreement.

Invalid clauses do not affect the remainder.

Waivers must be in writing.

Notices are deemed given by email.

VideoRep does not warrant carrying specific insurances unless agreed in writing.