Terms & Conditions

1. Subscription Plan Overview

 

1.1. The Monthly Subscription Plans (the "Plan") offered by Brickside Studio (the "Company") provides subscribers with access to real-estate photography services described under the plan for a monthly fee.

1.2. By subscribing to the Plan, you agree to be bound by these Terms and Conditions ("Terms"), along with the Company's Privacy Policy, Service Level Agreement, and any other applicable policies.

 

2. Subscription and Cancellation

 

2.1. Subscription Commencement: The subscription period begins on the date the customer successfully enrolls in the Plan upon successful payment processing.

2.2. Subscription Fee: The customer shall pay the monthly subscription fee as specified by the Company. The payment will be due on a recurring basis every month, starting from the subscription commencement date.

2.3. Cancellation by Customer: Customers may exercise their right to cancel the subscription at any time by providing written notice to the Company. Alternatively, customers may initiate cancellation through the designated online portal accessible under the "My Account" section of our website. The cancellation will become effective at the conclusion of the ongoing billing cycle, and no charges will be applied for subsequent billing periods thereafter. However, due to the nature of the services provided, refunds for unused portions of the subscription fee will not be issued upon cancellation.

2.4. Cancellation by the Company: The Company reserves the right to cancel a customer's subscription at any time, for any reason, with or without cause. In such a case, the customer will be notified, and any applicable refund for the remaining unused portion of the subscription fee will be processed.
2.5. Pausing Subscriptions: Customers have the right to pause their subscription at any time by informing the Company in writing. The pause will only take effect once all ongoing jobs have been completed. During the pause period, the customer will be unable to make any photoshoot bookings or request re-edits of previously delivered content. If a customer requests to pause 10 days into their subscription period, they will have 20 days remaining on their Plan. The subscription will remain dormant until the customer requests to unpause their Plan, at which point the remaining subscription period will resume.

2.5. Payment and Automatic Renewal:

2.5.1. Organizational Orders: If you are placing your order on behalf of your organization, you represent and warrant that (i) you agree to these terms on behalf of your employer or another entity; (ii) you have full legal authority to bind your employer or such entity to these terms; and (iii) you are responsible for all use of the services purchased in this order or future orders.

2.5.2. Automatic Renewal: Your subscription will automatically renew each month without notice until you cancel. By subscribing, you authorize us to store your payment method(s) and to automatically charge your payment method(s) every month until cancellation.

2.5.3. Billing: You will be charged the then-current rate for your plan, plus applicable taxes, every month upon renewal until cancellation. We may change your plan’s rate each monthly renewal term, and we will notify you of any rate change with the option to cancel.

2.5.4. Payment Method Failure: In the event of payment method failure, we may charge any other payment method in your account. Failure to provide payment may result in suspension of your subscription.

2.5.5. Payment Information Update: You can update your payment information at any time in your Account page.

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3. Changes to Subscription and Terms

 

3.1. Modification of Plan: The Company may, at its sole discretion, modify, suspend, or discontinue the Plan or any part of it without prior notice. However, the Company will strive to provide reasonable advance notice of such changes, whenever possible.

3.2. Changes to Terms: The Company may update or modify these Terms from time to time. Customers will be notified of any material changes to the Terms, and continued use of the Plan after such notice constitutes acceptance of the revised Terms.
 

Note: The terms of service are subject to the service level agreement (SLA) provided separately.
 

4. Service Area

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4.1. Geographic Scope: The Company, Brickside Studio, based in Macquarie Park, NSW. Provides real-estate photography services within a 15km radius from our location.

4.2. Service Limitation: The outlined service area sets the boundaries where the Company operates to ensure reliable content delivery to clients.
4.3. Booking Requests: Customers are advised to consider the service area when creating service booking requests.

4.4. Discretionary Authority: The Company has the right to accept or decline requests that are outside the 15km range.

4.5. Client Communication: Despite the defined service area, the Company is open to discussing with clients about jobs that require travel beyond the usual range.

4.6. Future Amendments: Clients should be aware that the defined service area may change in the future. We will communicate any changes to this area promptly to clients.

 

5. Intellectual Property

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5.1. Ownership of Photographs: All photographs, images, videos, digital media, and visual content (collectively referred to as "Photographs") created by Brickside Studio (the "Company") during the provision of real-estate photography services under the Monthly Subscription Plan shall be the exclusive property of the Company.

5.2. License to Customers:

5.2.1. Usage Rights: As part of the Monthly Subscription Plan, the Company grants customers a non-exclusive, non-transferable, and revocable license to use the Photographs for the sole purpose of marketing and promoting the respective properties for construction, sale or rent.

5.2.2. Redistribution Rights: Customers are permitted to redistribute the Photographs to potential buyers, sellers, landlords, tenants, or other relevant parties directly involved in the real estate transaction, solely for the purpose of marketing and promoting the listed properties.

5.2.3. Prohibition of Third-Party Usage: Customers shall not sell, sublicense, or grant any third party the right to use the Photographs beyond the scope of marketing the specific property for which the photographs were originally taken.

5.2.4. License Duration: The license granted to customers to use the Photographs is perpetual and shall continue beyond the subscription period, regardless of any subsequent cancellation or termination of the Monthly Subscription Plan. Once customers obtain the photographs during an active subscription period, they maintain the right to use and redistribute the Photographs for marketing and promotional purposes indefinitely. However, customers must still comply with the terms of use, including proper attribution and limitations on third-party usage, as specified in these Terms and Conditions.

5.2.5. Attribution: Customers must provide proper attribution to the Company when using the Photographs for marketing purposes, such as including the Company's name or logo on promotional materials, as specified by the Company.

5.3. Prohibited Uses:

5.3.1. Unauthorized Reproduction: Customers shall not reproduce, duplicate, or create derivative works based on the Photographs without explicit written permission from the Company.

5.3.2. Commercial Licensing: Customers are prohibited from licensing or selling the Photographs to any third party, including other real-estate agents or agencies, without obtaining a separate commercial licensing agreement with the Company.

5.3.3. Unlawful Use: The license does not extend to any use of the Photographs that is illegal, defamatory, or infringing upon the rights of any third party.

5.4. Copyright Notice: Customers must retain any copyright or proprietary notices provided by the Company on or within the Photographs when using them for marketing purposes.

 

6. Data Protection and Privacy
 

6.1. Personal Data: In the course of providing services under the Plan, the Company may collect, store, and process personal data from customers. This may include contact information, payment details, and other information necessary to provide the services.

6.2. Data Protection: The Company is committed to protecting the privacy and security of customer data. All personal data is processed in accordance with applicable data protection laws and regulations.

6.3. Use of Personal Data: The Company uses personal data solely for the purpose of providing services, processing payments, and communicating with customers about their subscription and services. The Company does not sell, rent, or share personal data with third parties for their marketing purposes.

6.4. Privacy Policy: For more detailed information about how the Company collects, uses, and protects personal data, please refer to the Company’s Privacy Policy.
 

7. Limitation of Liability

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7.1. The Company shall not be liable for any direct, indirect, incidental, consequential, or special damages arising out of or in connection with the use or inability to use the Plan or services provided under it, including but not limited to:

   -Any damages, losses, or expenses incurred as a result of reliance on the accuracy or completeness of the Photographs or any content provided under the Plan.

   -Any damages or injuries caused by the use of the Photographs or any equipment provided or used by the Company, including tripods or other photography equipment.

7.2. Property Damage Liability: The Company shall not be held responsible for any damage caused to the properties being photographed, including but not limited to scratches, scuffs, or any other damage resulting from the use of photography equipment, including tripods, lighting, or any other tools used during the photography sessions.

7.3. Customer's Indemnification: Customers agree to indemnify and hold the Company, its employees, agents, and affiliates harmless from any claims, demands, losses, liabilities, damages, costs, or expenses, including reasonable attorney's fees, arising out of or in connection with any property damage or injury caused by the use of photography equipment or services provided by the Company.

7.4. In no event shall the total liability of the Company exceed the total subscription fees paid by the customer for the three (3) months preceding the claim.

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8. User Conduct

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8.1. Prohibited Actions: Users are expressly prohibited from engaging in any activity that may harm the Services or the Company’s reputation. This includes, but is not limited to:

8.1.1. Engaging in chain letters, junk mail, pyramid schemes, phishing, spamming or other unsolicited messages;

8.1.2. Impersonating any person or entity or falsely stating or otherwise misrepresenting their affiliation with a person or entity;

8.1.3. Enabling or allowing others to use our Services using their account information;

8.1.4. Copying, modifying, hosting, streaming, sublicensing, or reselling our Services;

8.1.5. Accessing or attempting to access our Services by any means other than the interface we provide or authorise;

8.1.6. Circumventing any access or use restrictions put into place to prevent certain uses of our Services;

8.1.7. Using any data mining or similar data gathering and extraction methods in connection with our Services;

8.1.8. Artificially manipulating or disrupting our Services;

8.1.9. Engaging in fraudulent activities, such as payment and refund fraud;

8.1.10. Attempting to disable, impair or destroy our Services;

8.1.11. Violating applicable law.

9. Australian Consumer Law

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9.1 Customer Protection under ACL: Nothing in these Terms is intended to exclude, restrict or modify any consumer rights under the Competition and Consumer Act 2010 (Cth) (“CCA”) or any other legislation which may not be excluded, restricted or modified by agreement. If the CCA or any other legislation implies a condition, warranty or term into these Terms or provides statutory guarantees in connection with these Terms, in respect of services supplied (if any), our liability for breach of such a condition, warranty, other term or guarantee is limited (at our election), to the extent it is able to do so: (A) in the case of supply of services, our doing either or both of the following: (1) In the context of digital media content, “repair” interpreted as making modifications or edits to the content to address the customer’s concerns; and (2) supplying the services again.
 

10. Dispute Resolution
 

10.1. Initial Resolution: If a dispute arises out of or relates to these Terms or the services provided under the subscription, both parties agree to first attempt to resolve the dispute through good faith negotiations.

10.2. Content Modification: If the dispute is related to dissatisfaction with the delivered content, the Company will make reasonable efforts to modify the content until the client is satisfied. If dissatisfaction persists, the Company will offer a reshoot of the property as a remedy.

10.3. Mediation: If the dispute cannot be resolved through negotiation or content modification, both parties agree to attempt to resolve the dispute through mediation before resorting to litigation. The mediator will be mutually agreed upon by both parties, and the cost of mediation will be shared equally.

10.4. Litigation: If the dispute cannot be resolved through mediation, the dispute will be resolved by litigation in the courts of Sydney, New South Wales, Australia, in accordance with the Governing Law and Jurisdiction section of these Terms.

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11. Governing Law and Jurisdiction

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11.1. These Terms shall be governed by and construed in accordance with the laws of New South Wales, Australia.

11.2. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts located in Sydney, New South Wales, Australia.