PRODUCT TERMS AND CONDITIONS

RISE AND SHINE

VIDEO PRODUCTION TERMS AND CONDITIONS

1. Ten Acre Films P/L ATF the Heydon Family Trust trading as RISE Films (ABN

48386288042) of Level 1, 2 Stephenson Street, Cremorne, Victoria, Australia

(RISE Films) is the provider of services under the name RISE&SHINE. This

entity is hereafter referred to as RISE Films.

2. The purchaser of any RISE&SHINE deal is referred to as the Client.

3. These Terms and Conditions constitute an agreement between the Client and

RISE Films, hereinafter referred to as the Agreement.

4. A production kit may be supplied to the client by RISE Films. The kit will be

delivered to an Australian address. If the kit arrives incomplete or damaged,

the client must notify RISE Films by email within 48 hours of receipt.

5. Upon payment receipt on all KIT+ phone based plans, the production kit

becomes the property of the Client unless otherwise stated.

6. The Client is entitled to editing and post-production on videos produced by

them up to the number bought in the KIT+ deals.

7. Footage supplied to RISE Films for each video project must be less than ten

minutes duration. If more footage is supplied, additional charges will apply. If

this cap is exceeded, the Client will be provided with a quote before editing

starts.

8. Still photographs and graphics supplied to RISE Films for each video project

must be less than a combined 25 in number. If more assets are supplied,

additional charges will apply. If this cap is exceeded, the Client will be

provided with a quote before editing starts.

9. Finished video length must not exceed two minutes. If more footage is

supplied, additional charges will apply at the edit rate of $220.00 per hour.

10. The end date for post production services is one year after the payment date

or when all post production services under the plan are used, whichever is

sooner.

11. RISE Films will provide digital support to the Client either via the

RISE&SHINE website or by email. This is available during the term of the

Agreement in Melbourne business hours, these are from 9am to 5pm on

business days.

12. RISE Films will edit footage provided under the terms of this Agreement on

receipt of the footage and a completed brief.

13. The edited video will be sent to the Client on the next business day by a

digital transfer service in a format suitable for distribution.

14. The Client is entitled to one set of editing changes per video project. Editing

changes must be requested in writing with a brief that includes time code

reference points for each change. Templates are available on the

RISE&SHINE client portal. Additional edit changes will be charged at the

editing rate, currently A$220.00 per hour.

15. Each video project can have edit changes made (subject to Clause 14) for up

to one month from the date of the first footage being delivered by the Client

with next business day turnaround. Editing changes after one month will be

done within five business days. Editing changes after two months will be

charged at the editing rate, currently A$220.00 per hour.

16. RISE Films will supply music as required. The rights for the music are valid in

perpetuity and worldwide but only for the video in which the music has been

embedded. Music rights extend to digital and social media platforms but do

not include paid advertising on digital platforms or social media. Music rights

are not valid for any form of broadcast television or any form of theatrical

cinema. Rights to these excluded media can be purchased at an additional

rate. RISE Films supplies music subject to the terms and conditions of their

copyright owner and/or publisher.

17. Any material supplied by the Client or on behalf of the Client including, but not

limited to, music, footage, photographs, graphics, performance rights and

artwork, must be the property of the Client. All rights to all material and assets

provided must be vested in the Client. RISE Films takes no responsibility for

material supplied by the Client or on behalf of the Client and assumes that all

rights are vested in the Client.

18. RISE Films has no duty to store or archive any material. Back up copies of all

material should be kept by the Client and must be provided to RISE Films as

requested to facilitate completion of videos.

19. Any material supplied to RISE Films can be used for the promotion of

RISE&SHINE or affiliated entities unless expressly deemed confidential by

the Client. Confidentiality must be requested by the Client in writing and prior

to delivery to RISE Films of footage or other assets.

20. This agreement shall at all times be governed by the laws of the State of

Victoria and the courts of that state shall have sole jurisdiction to determine

any dispute arising from any term express or implied in this agreement.

PRIVACY POLICY

We are committed to respecting your privacy. Our privacy policy sets out how we collect, use, store and disclose your personal information.

1. Openness and transparency

RISE Films is committed to protecting your privacy and respects and upholds your rights under the Australian Privacy Principles (APPs) contained in the Privacy Act 1988 (Cth) (Privacy Act). RISE Films ensures that it will take all necessary and reasonable steps to comply with the APPs and to deal with inquiries or complaints from individuals about its compliance with the APPs .

By using this website, you agree to and consent to the collection, use, holding and disclosure of personal information by RISE Films as set out in this policy.

2. Personal information

Personal information is information or an opinion about an individual whose identity is apparent, or can be reasonably ascertained, from that information or opinion.

Personal information RISE Films may collect from you includes, without limitation:

your name;

address;

email address;

telephone number(s);

date of birth;

credit card information;

your device ID, device type, geo-location information, computer and connection information, statistics on page views, traffic to and from the sites, ad data, IP address and standard web log information;

details of the products and services we have provided to you or that you have enquired about, including any additional information necessary to deliver those products and services and respond to your enquiries;

any additional information relating to you that you provide to us directly through our website or app or indirectly through your use of our website or app or online presence or through other websites or accounts from which you permit us to collect information;

information you provide to us through customer surveys; or

any other personal information that may be required in order to facilitate your dealings with us.

RISE Films will take all reasonable steps in the circumstances to protect all personal information collected from:

(a)  misuse, interference and loss; and

(b)  from unauthorised access, modification or disclosure.

3. Collection

RISE Films will collect personal information only by lawful and fair means and not in an unreasonably intrusive way. If it is reasonable and practical to do so, RISE Films will only collect personal information about you directly from you. RISE Films will not collect personal information unless the information is reasonably necessary for our functions and activities. RISE Films will not collect sensitive information from you.

If you use a pseudonym when dealing with us or you do not provide identifiable information RISE Films may not be able to provide you with any or all of our services as requested. If you wish to remain anonymous when you use our website do not sign into it or provide any information that might identify you.

RISE Films requires individuals to provide accurate, up-to-date and complete personal information at the time it is collected.

4. What does RISE Films do with your personal information?

In addition to any purpose notified to you at the time of collection RISE Films uses your personal information for the purposes of:

providing our services to you including ;

our internal management needs;

operating, protecting, improving and optimising our service, business and our users’ experience, such as to perform analytics, conduct research and for advertising and marketing;

our marketing activities;

administering rewards, surveys, contests, or other promotional activities or events sponsored or managed by us or our business partners

responding to any inquiries or comments that you submit to us;

any other purpose you have consented to; and

any use which is required or authorised by law.

5. Disclosure of personal information

RISE Films may disclose your personal information:

to third-parties we ordinarily engage for the above purposes;

any person or entity to whom you have consented to RISE Films disclosing your personal information to; and

any person or entity to whom we are required or authorised to disclose your personal information to in accordance with the law.

6. Access and Management

You may request access to your personal information in our customer account database, or seek correction of it, by contacting RISE Films. See section 9: Contact information.

RISE Films may charge a reasonable fee that is not excessive to cover the charges of retrieving your personal information from our customer account database. RISE Films will not charge you for making the request.

If you believe that RISE Films holds personal information about you in our customer account database that is not accurate, complete, up-to-date, relevant or information that is misleading then you may request its amendment and RISE Films will respond to your request within a reasonable time. RISE Films will not charge you for correcting your personal information.

If RISE Films no longer needs your personal information for any of the purposes set out in this policy, or as otherwise required by law, RISE Films will take such steps as are reasonable in the circumstances to destroy the information or to de-identify it.

RISE Films will take reasonable steps to protect the personal information it holds from misuse, interference and loss and from unauthorised access, modification or disclosure.

7. Opting Out

At any time you may opt out of receiving direct marketing communications from us. Unless you opt out, your consent to receive direct marketing communications from us and to the handling of your personal information as detailed above, will continue.

8. Cross-border disclosure

RISE Films may transfer your personal information to a person who is in a foreign country to assist RISE Films in providing you with the service that you have requested.

When entering into a transaction with RISE Films you consent to your personal information being transferred to third parties located outside of Australia (Recipient) for the purpose of RISE Films providing the service that you have requested. In giving your consent, you agree that RISE Films has no obligation to take such steps as are reasonable in the circumstances to ensure that the information that is transferred will be held, used or disclosed in a manner that is consistent with the Australian Privacy Principles. You also agree that insofar as the law allows, RISE Films has no liability for any breach by the Recipient of the Australian Privacy Principles.

9. Contact information

If you require further information regarding this policy or wish to make a complaint about a breach of the APPs by RISE Films please contact us at [email protected] 

10. RISE&SHINE website

When transmitting personal information from your computer to the RISE&SHINE website, you must keep in mind that the transmission of information over the Internet is not always completely secure or error-free. Other than liability that cannot lawfully be excluded, RISE Films will not be liable in any way in relation to any breach of security or any unintended loss or disclosure of that information.

The RISE&SHINE website may use ‘cookies’ or other similar tracking technologies on our website that help us track your website usage and remember your preferences. Cookies are small files that store information on your computer, TV, mobile phone or other device. They enable the entity that put the cookie on your device to recognise you across different websites, services, devices and/or browsing sessions. You can disable cookies through your internet browser but if you do so, you may not be able to fully experience the interactive features of the RISE&SHINE website.

11. Security

RISE Films may hold your personal information in either electronic or hard copy. RISE Films take reasonable steps to protect your personal information from misuse, interference and loss, as well as unauthorised access, modification or disclosure and we use a number of physical, administrative, personnel and technical measures, including Mailchimp, to protect your personal information. However, RISE Films cannot guarantee the security of your personal information.

12. Miscellaneous

RISE Films reserves the right to modify this Privacy Policy in whole or in part from time to time without notice and amendments will be effective immediately upon posting of the amended Privacy Policy on the RISE Films website.