Work Order Terms & Conditions

1. Scope

These terms and conditions apply to all photography and videography services provided by the Supplier (you) to the Contractor (Kera Wong Photography), as specified in the Purchase Order/Work Order.

2. Project Specifications and Warranties

  • The quality, style, and content of the Photos/Videos must comply with the details outlined in:

    • The Work Order/Purchase Order

    • Any applicable industry standards or style guides provided by the Contractor

    • Any additional specifications, plans, or descriptions provided by the Contractor

  • You warrant that the Photos/Videos will be delivered with skill, care, and professional diligence.

  • You will keep confidential all project details and information disclosed by the Contractor.

  • You will comply with all relevant work health and safety laws and regulations.

  • You will grant the Contractor permission to inspect and test the Photos/Videos during production upon request.

3. Price

  • The price for the services is as stated in the Work Order/Purchase Order and includes all labor, equipment, editing, transportation, and delivery fees.

  • You cannot increase the price without written consent from the Contractor.

4. Payment

  • You can only invoice the Contractor after the completion, delivery, and approval of all Photos/Videos.

  • Each invoice must include:

    • Name of the Production and Location

    • Work Order Number and/or Reference Number

    • the Supplier’s ABN number; and

    • the description and value of the Services supplied and/or performed by the Supplier

  • Invoices must be submitted electronically or via mail as specified in the Work Order/Purchase Order.

  • The price is inclusive of all your costs related to the project.

  • The Contractor can deduct any outstanding fees owed by you from your payment.

  • The Contractor will pay undisputed invoices within 14 days of receiving a valid Invoice.

5. Delivery

  • You must deliver the Photos/Videos to the specified location/Location Address  by the due date stated in the Purchase Order.

  • You must provide progress reports upon request to ensure the project stays on schedule.

  • The Contractor reserves the right to deduct any cost incurred due to your delays

  • The Contractor has the right to reject Photos/Videos that do not meet the agreed-upon specifications.

6. Risk and Title

  • Risk of loss or damage to the Photos/Videos transfers to the Contractor only after delivery and approval.

  • Title to the Photos/Videos transfers to the Contractor upon payment, unless otherwise specified in the Purchase Order. You maintain Moral Rights and Ownership of the work they produce. 

  • Contractor is granted a royalty-free, worldwide license to use any materials created by you or participants during the shoot, as part of the photographs or for marketing our services.

7. Warranties

  • You warrant that you have the legal right to deliver the Photos/Videos and that the Contractor will have unrestricted ownership.

  • The Photos/Videos will be free from defects and will correspond with the agreed-upon specifications.

  • The Photos/Videos will not infringe on any intellectual property rights of third parties.

  • If the Contractor identifies any defective Photos/Videos, they have the right to request revisions or replacements at your expense.

8. Indemnity

  • You agree to indemnify the Contractor from any claims, damages, or losses arising from:

    • Your services or the actions of your personnel.

    • Any breach of these terms or warranties.

    • Infringement of intellectual property rights.

    • Any liability under consumer protection laws related to the Photos/Videos.

9. Insurance

  • You must maintain general liability insurance and any other insurance deemed necessary by the Contractor.

  • You must provide proof of insurance upon request.

  • The Contractor may require your subcontractors to carry similar insurance.

  • You must notify the Contractor of any incidents that could lead to an insurance claim within 1 day of the event occurring.

10. Cancellation

  • The Contractor can cancel the Purchase Order at any time with written notice.

  • The Contractor's liability for cancellation will be limited to paying for services completed up to the cancellation date.

  • The Contractor can also cancel the Purchase Order if you breach the agreement and fail to rectify the breach within a specified timeframe.

11. General

  • You cannot subcontract any services without written consent from the Contractor.

  • If any part of these terms is found to be invalid, the remaining terms will still apply.

  • These terms are governed by the laws of NSW and any disputes will be settled in the courts of NSW.

Definitions

  • Contractor: Pop & Toast Pty Ltd

  • Purchase Order/Work Order: The official document outlining the project details and terms